2026 SCC Vol. 8 Part 3: Supreme Court rulings on river pollution, mental cruelty, autism and more
Three rulings in SCC Vol. 8 Part 3 cover river pollution, divorce, and stem cell therapy.
Hindu Marriage Act
From Speedy Trials in Dowry and Cruelty Cases to Hiring Private Investigators in Divorce: Everything That Happened in Family Law in August 2026
The August Roundup of Family and Personal Law contains important rulings and judgements from the Courts all over, on Live-In Relationships, marriage, divorce, maintenance rights under Hindu Marriage Act, 1955 and more.
Mere expiry of statutory period under S. 13(1A) HMA does not confer an absolute right to divorce where party seeks to take advantage of his own wrong: Delhi HC
Delhi High Court noted that the conduct of the husband in pursuing a petition under Sections 13(1A) and 13(1)(ib) of the HMA, without making any sincere effort to resume cohabitation and by frustrating the wife’s attempts to execute the decree for restitution of conjugal rights, clearly demonstrated that his sole objective was to secure a decree of dissolution of marriage under the said provisions, without any genuine intention of restoring the matrimonial relationship.
Proof of Hindu marriage requires ceremonies; Voter-list entry alone not conclusive: Patna HC
The High Court held that the appellant failed to prove the alleged marriage under Section 7, Hindu Marriage Act, as neither the marriage nor the requisite ceremonies were established, and that voter-list entries and maintenance proceedings could not conclusively prove a valid matrimonial relationship.
Supreme Court Enhances Maintenance for Wife Undergoing Cancer Treatment and Minor Children; Rejects PF & ESPP Deductions as Permanent Charges
Supreme Court enhanced maintenance for a wife undergoing cancer treatment and her 2 minor children, holding that PF and ESPP deductions are benefits accruing to the husband and not permanent charges.
From Preferential Rights Under Hindu Succession Law to Notarised Divorces: Everything That Happened in Family and Personal Law in July 2026
The July Roundup of Family and Personal Law contains important rulings and judgements from the Courts all over, on succession rights, marriage, divorce, inheritance rights under Oraon customary law and more.
Can marriage or divorce be performed via a notarised agreement under Hindu Law? Madhya Pradesh HC answers
Neither a divorce nor a marriage can be conducted through a notarised agreement, the Madhya Pradesh High Court holds, dismissing a family pension claim by a man who could not prove he was ever legally married to a deceased Tribal Affairs Department employee.
SC Upholds Delhi HC’s Order Allowing Wife to Obtain Husband’s Hotel and Call Records to Prove Adultery in Divorce Proceeding
The Delhi High Court had held that seeking hotel stay and call record details to prove the charge of adultery would not violate right to privacy.
Second marriage after divorce not void merely because appeal against divorce decree is pending; condonation of delay does not revive Section 15 HMA bar: Kerala High Court
“An incapacity for a second marriage for a certain period does not have the effect of treating the former marriage as subsisting. This settled position in law would suffice to reject the argument of the husband that the second marriage was void since it was bigamous in nature.”
Second marriage during subsistence of first remains void despite first wife’s death; Orissa HC denies Family pension to second wife
“The Hindu Marriage Act does not recognise childlessness as a justifiable circumstance for entering into wedlock with a person who is already in the subsisting wedlock with another.”
Customary Divorce to be proved with cogent evidence; Delhi HC holds Second Marriage void after woman fails to prove Customary Divorce from Prior Marriage
Section 29(2) of the Hindu Marriage Act, 1955 protects only valid customary divorces, and in the present case the evidence was insufficient in law to prove either the existence of such a custom in the community or the factum of her own divorce.
Hindu Marriage valid even if unregistered; Family Court cannot mandate registration certificate for mutual divorce: Allahabad HC
“The requirement of filing registration certificate is only in cases where the marriage is registered under Section 8 of the Hindu Marriage Act, 1955. Admittedly, in the present case, the marriage which was solemnized in the year 2010 is not registered and therefore, there is no necessity of filing registration certificate.”
Insulting and humiliating spouse during time of financial vulnerability amounts to mental cruelty: Chhattisgarh HC
“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.”
Husband compelling wife to share phone or bank account passwords amounts to violation of privacy: Chhattisgarh HC
“The husband cannot compel the wife to share her passwords of the cellphone or bank account and such an act would amount to a violation of privacy and potentially, domestic violence. There should be a balance between marital privacy and the need for transparency and at the same time trust in the relationship.”
Family Courts can admit WhatsApp chats procured without consent as evidence in matrimonial disputes: MP High Court
“Merely admitting evidence on record is not proof of a fact-in-issue or a relevant fact… Admitting evidence is mere inclusion of evidence in record, to be assessed on a comprehensive set of factors, parameters and aspects, in the discretion of the court.”
‘Husband is entitled to peace and emotional relief that can only be found in dissolution of this broken bond’: Orissa HC upholds divorce on grounds of cruelty by wife
“From physical assaults and verbal abuse to repeated acts of financial control and emotional blackmail, the husband was subjected to a state of perpetual distress, where fear and anxiety overshadowed any hope of marital peace.”
Section 25(2) of HMA | Court can modify and grant maintenance exceeding the claimed amount upon proof of material change in circumstances: Orissa High Court
“The judicial discretion must be exercised to provide a fair and just maintenance amount, considering the dependent’s actual needs and the payer’s financial capability, even if the claim was initially understated.”
‘Well qualified husband who quits job to avoid paying maintenance to wife cannot be appreciated in civilised society’: Orissa HC upholds interim maintenance to wife
“Remaining unemployed is one thing and sitting idle having qualification and prospect to earn is another thing and if a husband being well qualified sufficient enough to earn sits idle only to shift the burden on the wife should not only be deprecated, but also be discouraged.”
2025 SCC Vol. 2 Part 4
Criminal Procedure Code, 1973 — S. 319 — Summoning of additional accused: Principles of law
Compelling wife to discontinue her studies is equivalent to destroying her dreams & amounts to Mental Cruelty: MP High Court
“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”