Marriage & Family blog
Plain-language explanations of Supreme Court of India judgments tagged Marriage & Family on NyaSis.
Family & Property
Is a Foreign Divorce Decree Valid in India?
Can an NRI husband's foreign divorce decree be rejected in India if his wife never consented? Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) held void.
9 min read
Family & Property
What Counts as Mental Cruelty in Divorce?
Does refusing children or long separation prove mental cruelty? In Samar Ghosh v. Jaya Ghosh (2007), the Supreme Court restored the divorce decree.
11 min read
Family & Property
Can a Live-In Partner Claim Maintenance?
Can a live-in partner claim maintenance like a wife? The Supreme Court in Chanmuniya v. Virendra Kumar Singh Kushwaha (2010) guides Section 125 CrPC.
11 min read
Family & Property
Can a Deceived Second Wife Claim Maintenance?
A second wife duped by concealment of a subsisting first marriage can claim maintenance under Section 125 CrPC (Badshah v. Urmila Badshah Goose 2013).
10 min read
Family & Property
Are False Police Complaints Mental Cruelty?
Can false police complaints be mental cruelty? In K. Srinivas Rao v. D.A. Deepa (2013), the Supreme Court granted the husband a divorce on that ground.
10 min read
Family & Property
Can a Father Lose Custody of a Child Under Five?
Does income decide a custody fight? Roxann Sharma v. Arun Sharma, [2015] 2 S.C.R. 572: custody of a child under five ordinarily stays with the mother.
10 min read
Family & Property
Is Forcing a Husband Away From Parents Cruelty?
Does pressuring a husband to leave his parents count as cruelty? In Narendra v. K. Meena, the Supreme Court restored divorce under Section 13(1)(ia).
8 min read
Family & Property
Can You Skip the 6-Month Mutual Divorce Wait?
Can you skip the 6-month wait in mutual divorce? Amardeep Singh v. Harveen Kaur (2017) says yes if the marriage is beyond repair and every term is settled.
10 min read
Family & Property
Can Parents Evict a Daughter-in-Law From Home?
Can parents evict a daughter-in-law? In S. Vanitha v. Deputy Commissioner (2020), the Supreme Court said summary eviction cannot defeat her home claim.
13 min read
Family & Property
Can a Wife Live in Her In-Laws' House?
Can a wife stay in her in-laws' home if her father-in-law owns it? Satish Chander Ahuja v. Sneha Ahuja (2020) says yes if domestic violence is proved.
10 min read
Family & Property
How Do Courts Calculate Maintenance in Divorce?
How is maintenance calculated in a divorce in India? Rajnesh v. Neha (2020) gives the Supreme Court rule on quantum, income disclosure and the start date.
14 min read
Family & Property
Can a Court Order a Child's DNA Paternity Test?
Can courts force child DNA tests in adultery divorces? In Aparna Ajinkya Firodia v. Ajinkya Arun Firodia (2023), the Supreme Court says no. See Section 112
9 min read
Family & Property
Can the Supreme Court End a Dead Marriage?
Can the Supreme Court end a dead marriage? Yes, in Shilpa Sailesh v. Varun Sreenivasan (2023), but only as a rare discretion under Article 142(1).
12 min read
Family & Property
How Is One-Time Alimony Set for a Short Marriage?
Is there a formula for one-time alimony? In Parvin Kumar Jain v. Anju Jain (2024), the SC fixed Rs. 5 crore for the wife and Rs. 1 crore for the son.
12 min read
Family & Property
Can a Divorced Muslim Woman Claim Maintenance?
Can a divorced Muslim woman claim maintenance after iddat? Yes. Mohd. Abdul Samad v. The State of Telangana (2024): Section 125 CrPC stays open to her.
11 min read
Family & Property
Can a Jobless Husband Refuse to Pay Maintenance?
Can a husband dodge maintenance because his party plot closed? Anju Garg v. Deepak Kumar Garg (2022) says he must still earn and maintain his wife.
7 min read