Family Law

The Supreme Court of India, in a judgment delivered on July 31, 2026, by a bench comprising Justice Sanjay Karol and Justice Vipul M. Pancholi, has held that a wife can be denied interim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (CrPC), corresponding to Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), if the husband is able to establish the wife's adulterous relationship at the interim stage through evidence that is ex facie conv

The Supreme Court of India on July 30, 2026, delivered a significant ruling on the devolution of property under Christian succession law. In Shakuntala and Others v. Robert Anthony and Others, a bench comprising Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh clarified that property purchased by a husband in the name of his wife remains the wife’s exclusive property. Consequently, upon her death, succession to such property must be determined on the basis of her

The Karnataka High Court, in the case of KM v. MAB, has held that a Muslim man cannot solemnise a second marriage under the Special Marriage Act, 1954 (SMA) while his first marriage is subsisting. Justice Sachin Shankar Magadum ruled that Section 4(a) of the SMA, which mandates that "neither party has a spouse living" at the time of marriage, is a mandatory statutory condition that personal law privileges, including the permission for polygamy under Muslim personal law, canno

When a person dies leaving a Will, the executor or beneficiary named in the Will may apply to a competent court for a grant of probate under the Indian Succession Act, 1925. The court, before granting probate, issues a public citation inviting any person who wishes to oppose the grant to file objections. Filing objections to a probate petition is a critical step for legal heirs, family members, or interested parties who believe that the Will is invalid, forged, or obtained th

Paternity disputes are among the most sensitive matters in Indian family law. When the biological parentage of a child is contested, a court-ordered DNA test can provide conclusive scientific evidence. However, Indian law does not mandate DNA testing as a matter of routine. Courts exercise careful discretion, balancing the right to know paternity against the right to privacy and the presumption of legitimacy. This guide explains the legal framework, key Supreme Court rulings,

Guardianship of a minor is a critical legal responsibility that determines who will care for and make decisions on behalf of a child. In India, the Guardians and Wards Act, 1890 provides the primary legal framework for the appointment of guardians by courts. This Act applies to all persons residing in India regardless of religion, although personal laws such as the Hindu Minority and Guardianship Act, 1956 may also apply in specific contexts. This guide explains the procedure

When a person dies without leaving a valid will (intestate), their legal heirs may need to obtain letters of administration from a competent court in order to deal with the estate of the deceased. Under the Indian Succession Act, 1925, letters of administration serve as the court's authorisation to a specific person, known as the administrator, to collect, manage, and distribute the assets of the deceased in accordance with the applicable law of succession. This guide explain

A court marriage certificate is one of the most important legal documents a married couple possesses. It serves as proof of marriage for passport applications, visa processing, joint property purchases, insurance nominations, and various government services. When this certificate is lost, damaged, or destroyed, obtaining a duplicate becomes an urgent necessity. The process for reissuance is straightforward, though it varies slightly across states depending on whether records

How to Contest a Will in India: Legal Grounds, Procedure and Limitation Period When a loved one passes away, disputes over the distribution of their estate can arise, particularly if there are concerns about the validity of the deceased's will. Contesting a will is a legal process through which an interested party challenges the authenticity or validity of a testamentary document before a court. This guide explains the legal grounds for challenging a will in India, the step-b

The Indore Bench of the Madhya Pradesh High Court has intervened to protect a married couple facing an 11-year social boycott imposed by a community organization over their same-gotra marriage. A Division Bench comprising Justice Subodh Abhyankar and Justice Alok Awasthi issued notices to the state government, district authorities, police officials, and the private respondents, while directing police protection for the couple. The ruling reaffirms that same-gotra marriages ar

In a significant ruling on the law of probate and succession, the Supreme Court of India in Sanjay Sharma @ Sanjay Bhardwaj v. Krishnadhan Khaware and Ors. (2026 INSC 708) has clarified that an application for probate of a will is not time-barred merely because it was filed more than three years after the death of the testator. The bench comprising Justices Sanjay Karol and Vipul M. Pancholi held that the right to apply for probate is a continuous right that subsists as long

The Calcutta High Court has held that a wife's demand for her share in ancestral property can constitute a dowry demand under the Dowry Prohibition Act, 1961, when such demand is made under the direction and pressure of her husband. A Division Bench of Justices Arijit Banerjee and Apurba Sinha Ray delivered this significant ruling while adjudicating an appeal arising from the deaths of a woman and her minor daughter, who were found hanging in their matrimonial home in June 20

In a significant ruling reinforcing the primacy of a child's right to establish parentage, the Delhi High Court has upheld a Family Court order directing a DNA test in a maintenance dispute. In Ravi Kumar v. Geeta Devi (CRL.M.C. 3855/2024), Justice Dr. Swarana Kanta Sharma dismissed the petitioner's challenge to the Rohini Family Court's March 2024 order, holding that "reputation cannot become a shield against truth; children cannot become casualties of adult choices." The ca

The Supreme Court on July 9, 2026, in Bejla Oraon v. Kali Das Oraon, held that the Oraon tribal custom of 'ghar damad' (resident son-in-law) does not permit an uncle-in-law to adopt his niece's husband. The bench of Justices Sanjay Karol and N. Kotiswar Singh set aside concurrent findings of three lower courts and ruled in favour of the nearest male agnate's right to inherit. Facts of the Case The dispute centred on the property of one Sukhu Oraon, who had three sons: Dhungru

Obtaining a Legal Heir Certificate in India: A Complete 2026 Guide When a person passes away, their legal heirs often need an official document that establishes their relationship to the deceased and their right to inherit. This document is known as a legal heir certificate (also called a legal heirship certificate). It is issued by the local revenue authority and serves as proof that specific individuals are the legitimate successors of the deceased. This guide explains who

When a marriage breaks down, few questions are as painful or as important as who the children will live with. Knowing how to file for child custody in India, and what a court actually weighs, helps parents approach the process calmly and realistically. Custody in India is governed mainly by the Guardians and Wards Act, 1890, a secular law, and for Hindu families also by the Hindu Minority and Guardianship Act, 1956, with the welfare of the child as the guiding star throughout

A recent ruling on spousal maintenance from the Allahabad High Court has settled an important point for dependent spouses. A wife cannot be denied maintenance under Section 125 of the Code of Criminal Procedure simply because her parents chose to support her financially while her marriage was breaking down. The court held that temporary help from one's family during a period of distress does not reduce a husband's statutory duty to maintain his wife. What the High Court Decid

The Gujarat High Court has held that Family Courts in India must grant a declaratory decree recognising a Mubarat, or mutual consent, Muslim divorce, even where the divorce has already taken place outside court and neither spouse disputes it. The ruling, in Shahnawaz Sirajuddin Siddiqui v. Marufa, makes clear that a couple who end their marriage through an extra judicial route under Muslim personal law still have a statutory right to a formal judicial declaration of their cha

The Kerala High Court has held that passport authorities cannot insist on a court issued divorce decree before deleting a spouse's name from a passport, where the marriage has already been dissolved through a recognised form of extra-judicial divorce under Muslim personal law. The ruling, delivered by Justice Murali Purushothaman, came on a writ petition filed by a divorced Muslim woman whose application to update her passport details was held up because she could not produce

Couples facing a troubled marriage often ask about the difference between judicial separation and divorce in India. Judicial separation, available under Section 10 of the Hindu Marriage Act, 1955, allows a husband or wife to obtain a court order to live apart while the marriage legally continues, whereas divorce permanently ends the marriage. Understanding this distinction matters, because the two remedies have very different consequences for status, remarriage, maintenance a