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“Instead of tendering an unqualified apology, has tried to contest his act of solemnizing the second marriage during the pendency of the above appeal and stay having been granted therein.”
The Court observed that the husband, being a judicial officer holding a responsible public position, owed a heightened duty of fair, adequate, and dignified financial security for his wife and daughter.
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“We are surprised and shocked by the way the Family Court has taken the matter under Order VII Rule 11 of the CPC and given a relief to the husband, which was liable to be given only after framing the issues and recording the evidence.”
As per the settlement, the husband agreed to deposit a total sum of Rs. 30,00,000. However, the husband merely deposited cheques of certain amounts, which had not been released to the wife, due to husband’s failure to appear in Family Court, resulting in dismissal of divorce petition.
“Sustained neglect of marital obligations, coupled with acts designed to exacerbate discord, eroded the very foundation of the matrimonial bond.”
“A persistent resolved attitude of respondent-wife to see that her husband is ridiculed and humiliated in his social circle as an alcoholic is definitely a serious affair.”
“If the wife ill-treated the children, it would certainly cause an apprehension in the husband’s mind that it would be harmful or injurious for him to live with her where the expression ‘harmful or injurious’ was not confined to physical acts alone, but extended to mental torture as well.”
Explore the key family law developments of September 2025, featuring the Supreme Court and various High Courts on adoption, annulment of marriage, custody, divorce, maintenance and much more.
Dismissal of the divorce petition by the Family Court on the grounds that the wife did not become violent and cerebral palsy only restricted body movements and was not a mental disorder, was acutely incorrect.
“This dreadful act is sufficient to hold that she has committed mental cruelty with the husband and the Trial Court erred in not appreciating the facts evident on the record and even more so in replacing them with its own perceived notions.”
“Her behaviour, including instigating the daughter against the father, making unfounded demands during a financially unstable period, and leaving the home with the daughter while abandoning the son, demonstrated a pattern of mental harassment and disregard for the matrimonial bond.”
Matrimonial litigation, particularly where financial dependency and concealment are alleged, demands a sensitive and pragmatic approach. The documents and witnesses sought to be introduced by the wife are not collateral or immaterial but rather, directly affect determination of maintenance which is a matter of subsistence.
Covering all the important family law cases across various High Courts and the Supreme Court as well as the legislative updates, this roundup provides a quick summary of cases, latest legal updates in family law and links to other roundups.
The Court stated that it cannot be overlooked that the Order of maintenance dated is only ad-interim which implies that the Order shall be made after considering the affidavit of income, financial capacity and responsibilities of both the parties, aside from their personal qualifications.
Marriage entails mutual respect and adjustment. Some parties take less time to adjust while the other takes longer time, but it is expected of both the parties to show due respect to each other. The foundation of a sound and healthy marriage is tolerance, adjustment and mutual respect.
“The presumption of conclusive proof of legitimacy of child, casts greater burden on the man to show that parties to the marriage had no access to each other at any time when the child could have been begotten. The presumption of legitimacy, therefore, must be challenged with specific plea of no access to each other during relevant period.”
Stay informed about the latest rulings from the Supreme Court and various High Courts in June 2025, covering key aspects of family law, including divorce on grounds of cruelty, maintenance rights, child custody, and the interpretation of personal laws.
“The way out in our minds is that the parents must find peace with each other and be involved with the child’s progress together as partners.”
Wife’s behaviour of using derogatory terms for husband’s physical disability discloses her thought and respect to her husband.