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71 judgments · newest first · showing 1–71
Petitioner Niraj Nigam filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Jaunpur, to decide pending Case No.144 of 2025, which involves Section 7(g) of the Family Courts Act, 1984 and Sections 7Ka and 25 of the Guardians and Wards Act, 1890. The …
The applicant, Kapil Sirohi, filed a petition under Section 482 of the CrPC seeking to quash a maintenance order dated 10 July 2023 passed by the Family Court, Mathura, which directed him to pay interim maintenance to his wife and son. The applicant alleged that the Family Court failed to consider …
Lallu Ram appealed under Section 19 of the Family Courts Act, 1984 challenging a Family Court order that set aside an ex‑parte divorce decree dated 17‑12‑1990. The decree had been obtained after the respondent, Shiv Kumari Devi, failed to appear despite service of summons deemed sufficient. The …
The High Court examined a dispute over custody of a 14‑year‑old son between his parents after a series of consent orders, divorce decree and subsequent applications for modification. The father claimed the mother had breached a stay order and that the family court had improperly altered the consent …
The High Court examined a dispute over custody of a 14‑year‑old son between his parents after a series of consent orders, divorce decree and subsequent applications for modification. The father claimed the mother had breached a stay order and that the family court had improperly altered the consent …
The High Court examined a dispute over custody of a 14‑year‑old son between his parents after a series of consent orders, divorce decree and subsequent applications for modification. The father claimed the mother had breached a stay order and that the family court had improperly altered the consent …
The High Court examined a dispute over custody of a 14‑year‑old son between his parents after a series of consent‑decree arrangements under the Special Marriage Act. The mother sought modification of the consent order to obtain joint parenting, while the father contested the modification, arguing no …
The wife filed a family suit under the Family Courts Act and the Hindu Marriage Act seeking recovery of her streedhan, which included movable items and an open plot of land. The Family Court directed her to declare the total value of the claim and affix the appropriate court fee; she paid a nominal …
The marriage between Dinaben Lucasbhai Macwana and Daudbhai Benarbhai Chauhan, solemnized in 1976, produced six children. The husband filed a petition for dissolution of marriage under Sections 10(1‑7) and 10(1‑9) of the Divorce Act, 1879 on grounds of desertion; the wife did not appear and an …
The appellant husband appealed a Family Court order dismissing his petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. He claimed the wife had left the marital home without reasonable excuse after living together for seven years and having a child. The wife …
The appellant married the respondent in 2008 and, citing a customary practice of their Maisuriya Bhatia community, executed a notarized divorce deed in 2009. In 2025 the appellant filed a divorce suit in the Surat Family Court to obtain a judicial decree required for a US visa, but the court …
The appellant, Priyanka Yadav, appealed an ex‑parte divorce decree granted to her husband under Section 19(1) of the Family Courts Act, alleging that the suit notice was sent to a wrong address and she was never served. The trial court had struck off the appellant’s defence for non‑compliance with …
The wife appealed under Section 19 of the Family Courts Act, 1984 against a Family Court judgment that dismissed her petition for annulment of marriage on the ground that the Hindu marriage ceremony of ‘Saptapadi’ was not performed, and directed a police complaint for alleged false statements. The …
The husband filed a Miscellaneous Appeal under Section 19(4) of the Family Courts Act, 1984 challenging the order dated 21 September 2024 that allowed the wife’s application under Section 125 of the Criminal Procedure Code. The appellant’s counsel relied on a Full Bench decision in Dr. Dilip Kumar …
The wife appealed under Section 19 of the Family Courts Act, 1984, challenging the Family Court's order of interim maintenance of Rs.4,000 and Rs.2,000 per month granted under Section 24 of the Hindu Marriage Act, 1955. The husband had obtained a decree of divorce on 8 May 2025, and the court also …
Navin Kumar (appellant) filed a miscellaneous appeal against Sinku Devi (respondent) in the Patna High Court. The appellant sought permission to convert the appeal into a criminal revision under Section 19(4) of the Family Courts Act, 1984. The court perused the office note dated 14‑06‑2026 and …
The appellant, Md. Himayu Khan, filed a miscellaneous appeal against Simran Khatoon in the Patna High Court. The appellant sought permission to convert the appeal into a criminal revision application under Section 19(4) of the Family Courts Act, 1984, and to rectify defects identified in the stamp …
The husband filed a suit for dissolution of his marriage before the Family Court, Nadiad, which was dismissed by the Principal Judge. The husband appealed the dismissal under Section 19 of the Family Courts Act, 1984. The wife was served notice but did not appear. The appellant’s counsel requested …
The husband appealed a judgment of the Family Court, Junagadh (Family Suit No.69 of 2013), which had dismissed his suit for a declaration of dissolution of marriage. The appeal was filed under Section 19 of the Family Courts Act, 1984 and Section 28 of the Hindu Marriage Act, 1955. Both parties …
The petitioners filed a writ under Article 227 seeking a direction to the Family Court, Meerut, to decide an execution case within a stipulated period. The petition argued that the Family Court had not acted timely. The Court noted that orders of the Family Court are appealable under Section 19 of …
The petition was filed by Ranjeet Singh, a husband‑advocate, seeking the High Court’s supervisory jurisdiction under Article 227 to expedite a maintenance application (Section 144, BNSS 2023) against his wife, Neetu Singh, a government employee. The husband claimed he was unemployed and dependent, …
The petitioner, Charu Sharma, filed a writ petition under Article 227 of the Constitution seeking to quash an order dated 30 September 2024 passed by the Additional Principal Judge of Family Court No.1, Meerut in a family law case. The petition alleged that the family court order should be set …
The appellant, Ruby Kumari, filed a Miscellaneous Application under Section 19(1) of the Family Courts Act, 1984, challenging a Family Court order dated 07.05.2025 that denied maintenance to her son under Section 125 of the Criminal Procedure Code. She relied on a Full Bench decision in Dr. Dilip …
The appellants, wife, son and daughter of the respondent, filed a Miscellaneous Appeal under Section 19(1) of the Family Courts Act, 1984 challenging an order dated 19‑06‑2025 passed under Section 127 of the Criminal Procedure Code that enhanced the maintenance amount. Relying on a Full Bench …
The appellant, a husband, filed a Miscellaneous Application under Section 19(1) of the Family Courts Act, 1984, challenging an order dated 21‑06‑2025 that granted the respondent wife maintenance under Section 125 of the Criminal Procedure Code. The appellant relied on a Full Bench decision (Dr. …
The husband (appellant) filed a Miscellaneous Application under Section 19(1) of the Family Courts Act, 1984 challenging an order dated 19 January 2026 that had partly allowed his wife's application under Section 24 of the Hindu Marriage Act. The appellant later contended that the correct remedy was …
Sanjoy Yadav filed a Miscellaneous Application under Section 19(1) of the Family Courts Act, 1984 challenging an order dated 17‑10‑2024 that granted his mother relief under Section 125 of the Criminal Procedure Code. The appellant relied on a Full Bench decision in Dr. Dilip Kumar Sharma v. State of …
The High Court of Allahabad entertained a revision petition filed by Gaurav Anand against an order passed under Section 24 of the Hindu Marriage Act. The petitioner sought relief from that order, but the respondent's counsel argued that the petitioner had an alternative remedy by filing an appeal …
The husband (appellant) filed a miscellaneous application under Section 19(1) of the Family Courts Act, 1984 challenging an order dated 16‑10‑2025 that granted the wife (respondent) relief under Section 125 of the Criminal Procedure Code. Relying on a Full Bench decision in Dr. Dilip Kumar Sharma v. …
The petitioners, members of the Prajapati family, sought to set aside a Sub‑Divisional Judicial Magistrate's order that refused to discharge them in a complaint filed by Domini Devi alleging that Amar Nath Prajapati was her husband and that she was a victim of an offence under Section 498A IPC. The …
The appellant Vishal Gupta appealed against an ex‑parte divorce decree granted by the Family Court, Vaishali, on the ground that the summons were not properly served and that the decree was based on unsubstantiated cruelty despite the parties having a mutual consent to divorce. The marriage, …
The husband, Subhash Chandulal Talera, filed a petition in the Family Court seeking a declaration that shares and immovable property held in his wife Sona Subhash Talera's name were benami and that he was the absolute owner, along with a direction to cancel a power of attorney and an injunction …
Priti, daughter of Parshuram Prajapati, filed a Special Civil Application before the Gujarat High Court seeking permission to file an appeal under Section 19 of the Family Courts Act, 1984. The petitioner was represented by Ms. Akshita Mohnot. The counsel indicated that the petition would not be …
The husband filed a divorce petition and sought to introduce secretly recorded telephone conversations with his wife as evidence, submitting memory cards, a CD and transcripts. The Family Court allowed the evidence, but the High Court set aside that order on the ground that the recordings violated …
The marriage between Sau. Jiya and Kuldeep was dissolved by a family court on the ground of cruelty, a decree later affirmed by the High Court. After the husband remarried in 2019, the parties disputed a permanent alimony settlement, with the wife seeking a lump‑sum amount and the husband contesting …
The appellant, Smt. N. Usha Rani, married her first husband in 1999, separated and executed a Memorandum of Understanding (MoU) in 2005, and subsequently married the respondent twice, the second marriage being registered. The respondent obtained a decree declaring the first marriage void and later …
The appellant, Ivan Rathinam, was alleged by the respondent and his mother to be the biological father of the respondent, who was born during the respondent's mother's marriage to Mr. Raju Kurian. The parties litigated in a Munsiff Court, a Sub‑Judge Court and a Family Court over a declaration of …
The appellant, a Muslim husband, obtained a triple talaq and was ordered by the Family Court to pay interim maintenance of Rs.20,000 per month to his divorced wife, which the High Court reduced to Rs.10,000. He appealed, arguing that Section 125 of the Code of Criminal Procedure (CrPC) does not …
The case concerned the guardianship of two minor children of Colonel Ramneesh Pal Singh and Sugandhi Aggarwal. The Family Court had awarded permanent custody to the father with visitation rights to the mother, but the Delhi High Court set aside that order and ordered shared custody. The Supreme …
The Constitution Bench examined the scope of Article 142(1) of the Constitution, holding that the Supreme Court may depart from statutory procedure and even substantive law to achieve "complete justice" provided the exercise is guided by fundamental public policy. It ruled that, in cases of …
The husband filed for divorce on the ground of adultery and sought a DNA test of their son, born during the marriage, to establish paternity. The Family Court and the High Court ordered the DNA test, but the Supreme Court set aside those orders, holding that the conclusive presumption of legitimacy …
The husband (appellant) filed for divorce on the ground of cruelty after his wife (respondent) left him and returned to her parental home. The Family Court granted the decree of dissolution, but the wife appealed to the High Court under Section 19 of the Family Courts Act; the appeal was filed on …
Mushtt Rehana Begum (appellant) sought to quash a criminal complaint filed by her husband (second respondent) under Sections 494 and 495 of the IPC, alleging that she married him while a prior marriage subsisted. The dispute over her matrimonial status had already been adjudicated by the Principal …
The wife (Nitaben Dinesh Patel) filed a counter‑claim in her husband’s divorce suit seeking a declaration that his alleged second marriage to Hinaben Manubhai Panchal was void and that their child was illegitimate. The trial court allowed amendment of her written statement to include facts about the …
The father (Aman Lohia) filed a guardianship petition under the Guardians and Wards Act, 1890 and the Family Courts Act, 1984 seeking declaration as guardian of his two‑year‑old daughter. The mother (Kiran Lohia) did not file a written statement but filed several applications under CPC, including a …
The husband appealed against a Family Court order granting interim maintenance of Rs 15,000 per month to his wife and Rs 10,000 per month to his son under Section 125 of the Cr.P.C., which was affirmed by the Bombay High Court. The Supreme Court upheld the lower courts' orders, directed the husband …
The appellant, Abhilasha, a Hindu daughter, challenged a lower court order that limited her maintenance from her father, Parkash, to the period until she attained majority, arguing that under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 she could claim maintenance until she …
A Muslim couple divorced; the wife filed a petition under Section 125 of the CrPC for maintenance, which the Family Court converted into an application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and ordered maintenance. The High Court set aside the conversion, …
The petitioner, a U.S. citizen, married a U.S. citizen husband and had two children who are U.S. citizens. After a visit to India, the petitioner refused to return to the United States with the children, prompting the husband to obtain custody orders in a Connecticut Superior Court and later file a …
The appeal concerned a custody dispute over a child born to Perry Kansagra and Smriti Madan Kansagra. After mediation failed, the High Court had held that the mediator’s and counsellor’s reports were confidential and could not be used, and later set aside that decision on review. The Supreme Court …
Anu Bhandari and Pradip Bhandari, married in 1997, had been living separately since 2011 and were involved in 23 pending civil and criminal cases. After extensive mediation, they reached an amicable settlement and filed an application for divorce by mutual consent under Section 13B of the Hindu …
The Supreme Court examined whether video conferencing could be used in matrimonial disputes under the Family Courts Act, 1984, particularly in transfer petitions. It held that Section 11 of the Act obliges the court to hold proceedings in camera if either party desires, and that allowing video …
Amardeep Singh filed a civil appeal challenging the Family Court's order granting a waiver of the six‑month cooling‑off period under Section 13B(2) of the Hindu Marriage Act, 1955, for a mutual‑consent divorce. The parties had been living separately for over eight years, had settled all pending …
Samar Kumar Roy filed a suit under Section 34 of the Specific Relief Act, 1963 (and Section 38 for injunction) seeking a declaration that his alleged marriage under the Special Marriage Act was void. The plaintiff died during the proceedings and his mother was substituted as his legal representative …
The petitioner sought transfer of a divorce and child‑custody petition from the Family Court in Alappuzha, Kerala to the Family Court in Chennai, Tamil Nadu. The respondent argued that, following the Supreme Court’s decision in Krishna Veni Nagam, the matters could be dealt with via …
Balram Yadav filed a suit in the Family Court of Ambikapur seeking a declaration that Fulmania Yadav was not his legally married wife. The Family Court decreed in his favour, declaring the marriage invalid. Fulmania Yadav appealed to the Chhattisgarh High Court, which set aside the decree, holding …
Shamima Farooqui, a Muslim woman, filed an application under Section 125 of the Code of Criminal Procedure seeking maintenance after being harassed and deserted by her husband Shahid Khan, who later divorced her. The Family Court ordered Rs 2,500 per month from the date of application and Rs 4,000 …
The husband (K. Srinivas Rao) appealed against a High Court order that set aside a decree of divorce in his favour. The Supreme Court examined whether the wife’s filing of false, indecent and defamatory complaints, and multiple criminal proceedings against him and his family, amounted to mental …
The marriage between U. Sree and U. Srinivas broke down, leading the wife to file a petition for restitution of conjugal rights and the husband to file for divorce on the ground of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The Family Court and the Madras High Court granted …
Shabana Bano, a Muslim woman, filed a petition under Section 125 of the Criminal Procedure Code for maintenance against her husband, Imran Khan, after being divorced and left with a newborn child. The husband contended that under the Muslim Women (Protection of Rights on Divorce) Act, 1986, she was …
The appellant, an elderly father, filed a petition under Section 125 of the CrPC before the Family Court at Bijapur seeking monthly maintenance of Rs.5,000 from his son, who was employed in Syndagi. The Family Court dismissed the petition, holding it lacked jurisdiction because the son worked in …
The wife filed a joint petition for divorce by mutual consent under Section 138 of the Hindu Marriage Act, 1955. After the mandatory six‑month waiting period expired on 19‑Nov‑2007, the husband was absent on three successive dates (19‑Nov, 1‑Dec and 4‑Dec). The Family Court, without being satisfied …
The State of Kerala had established a Family Court at Manjeri in 1999, but due to inadequate facilities the Bar Association sought its relocation to the district headquarters at Malappuram. The High Court recommended the shift, and the State Government issued an order effecting it. The appellants …
The Society (St. Theresa's Tender Loving Care Home) sought permission to place a five‑year‑old girl, Sahiti, for inter‑country adoption by two U.S. residents. The child was said to have been relinquished by her mother, but the relinquishment deed was later found to be fabricated and the Society had …
Durga Prasanna Tripathy married Arundhati Tripathy on 5 March 1991. The wife left the matrimonial home in October 1991 and the parties lived apart for about 14 years. The husband filed a petition for divorce under Section 13(1) of the Hindu Marriage Act, alleging cruelty and desertion. The Family …
The husband and wife married, had children and the husband purchased properties using dowry cash and jewellery, promising to transfer them to the wife. After the husband pronounced talaq, the wife filed a suit in the Family Court under the Family Courts Act claiming ownership of the properties. The …
The State of Andhra Pradesh created Family Courts and Mahila Courts and, lacking sufficient women judges in the District & Sessions Judges Grade‑II cadre, sanctioned ten additional posts exclusively for women by relaxing Rule 2 of the Special Rules for the A.P. State Higher Judicial Service. An …
Balwinder Kaur married Hardeep Singh under Sikh rites and later filed a divorce petition on grounds of cruelty and desertion. The husband did not appear, and the District Judge granted an ex‑parte decree of divorce. The wife appealed to the High Court under Section 28 of the Hindu Marriage Act, …
Mrs. Payal Jindal married Capt. Ashok Kumar Jindal on 24 January 1988. The husband filed a petition for divorce under Section 13 of the Hindu Marriage Act on 16 August 1988 alleging cruelty. The wife denied the allegations and sought transfer of the case from the Family Court, Pune to Delhi, …
The petitioner, a practising advocate, filed a writ petition alleging that he was handcuffed while being taken to court and that the Union Government had failed to issue guidelines on handcuffing as required by the Prem Kumar Shukla judgment. The petition also sought a mandamus directing the Central …
The petitioner filed an application under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance from her husband, and subsequently applied for an interim maintenance order pending the final disposal of the main application. The Metropolitan Magistrate refused the interim order, …
