Family Law

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

The Madhya Pradesh High Court, in a landmark ruling delivered in June 2026, held that a father's obligation under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (previously Section 125 of the Code of Criminal Procedure, 1973) extends beyond basic maintenance and includes the responsibility to fund his daughter's higher education. Justice Gajendra Singh directed a father to pay Rs 46.26 lakh towards the educational expenses incurred by his two daughters for

The Delhi High Court recently reinforced a fundamental principle: personal inconvenience, no matter how genuine, cannot override a clear legislative mandate. In a petition filed by a couple seeking to bypass the mandatory 30-day notice period under the Special Marriage Act, 1954, Justice Purushaindra Kumar Kaurav dismissed the plea. Courts cannot direct statutory authorities to act contrary to express provisions of law simply because compliance causes hardship. The ruling car

Challenging a will in India is possible, but it is not easy, because the law presumes that a will reflects the genuine last wishes of the person who made it. A legal heir or interested person who believes a will is forged, was made under pressure, or does not meet the legal requirements can contest it, but must establish specific grounds before a court. This guide explains those grounds, who can challenge a will, where the case is filed, and how long you have to act. A will i

The Bombay High Court has clarified an important question in family law: a maintenance decree continues to bind a husband's estate after his death, but the wife cannot ask for the amount to be enhanced once he is gone. A Division Bench of Justice Bharati Dangre and Justice Manjusha Deshpande drew this distinction while deciding a plea arising out of a maintenance order under the Special Marriage Act 1954. The ruling matters because it answers two practical worries at once. A

What is Streedhan, and what are a woman's rights over it? Streedhan, literally a woman's wealth, refers to the property a woman receives before, during, and after her marriage, including gifts, jewellery, cash, and articles given by her parents, husband, in-laws, relatives, and friends. Indian law treats streedhan as the absolute property of the woman, over which she has full ownership and control, distinct from dowry and from the joint matrimonial property. This guide explai

Restitution of conjugal rights is one of the older and more debated matrimonial remedies in Indian law. It allows a spouse who has been deserted, without reasonable excuse, to ask a court to direct the other spouse to return and resume cohabitation. The remedy is available under several personal laws and is most commonly invoked under Section 9 of the Hindu Marriage Act, 1955. This guide explains what the remedy means, the statutory provisions that govern it, how the process

Live-in relationships in India occupy a space that is socially debated but legally recognised. The law does not prohibit two consenting adults from living together without marriage, and the higher judiciary has repeatedly confirmed that such relationships are not illegal. At the same time, a live-in relationship does not carry the full bundle of rights that flow from a valid marriage. This guide explains the legal status of live-in relationships, when they attract legal prote

The Kerala High Court has held that removing a child in violation of a subsisting Family Court decree granting custody is unlawful, and has restored the child to the mother in whose favour the decree stood. The Court also directed that Family Courts in the State follow established child custody and access guidelines until a committee set up for the purpose makes its recommendations. The decision is a clear reaffirmation that custody orders are binding and that the welfare of

If a person dies without a will in India, the law decides who inherits their property, and the outcome can be very different from what the deceased may have intended. Dying without a valid will is known as dying intestate, and intestate succession is governed by separate personal laws depending on the religion of the deceased. Understanding these rules helps families avoid disputes, and it is also the strongest argument for making a valid will in India while you still can. Wh

An annulment of marriage is a legal declaration that a marriage is either void from the beginning or capable of being set aside, and it differs fundamentally from divorce. A divorce ends a valid marriage, whereas an annulment treats the marriage as though it never legally existed or was defective from the outset. Understanding how to get a marriage annulled in India means understanding the difference between void and voidable marriages and the specific grounds the law recogni

The Supreme Court has held that an application to revoke a probate is governed by Article 137 of the Limitation Act, 1963, which prescribes a three-year limitation period running from the date the right to apply accrues. The ruling settles a recurring question in succession litigation: because the Indian Succession Act, 1925 does not prescribe any limitation period either for seeking probate of a will or for applying to revoke a probate already granted, courts must fall back

The Gujarat High Court has settled a frequently contested question in Indian succession law: does a will become invalid if the person who physically wrote it (the scribe) does not appear in court to attest its genuineness? The answer, the Court held, is no. Section 68 of the Indian Evidence Act, 1872 requires that at least one attesting witness must be called to prove the execution of a will. The section does not require the scribe to be produced. This distinction matters bec

The Delhi High Court has ruled that habeas corpus petitions are not the appropriate remedy for resolving complex international child custody disputes. In Somya Goel v State, the court declined to use the writ jurisdiction under Article 226 to adjudicate a custody battle between parents where parallel proceedings were pending before the courts of Singapore. The judgment reinforces the principle of comity between nations in matters of family law. For context on how Indian court

The Supreme Court has laid down binding guidelines for the psychological evaluation of children in family court custody disputes, prioritising child welfare and trauma-free justice. In Sheetal Vasant Thakur v. Chirag Arora, the Court addressed a growing concern that children involved in custody battles were being subjected to multiple, adversarial psychological assessments that cause harm rather than advance their best interests. The ruling establishes a framework to ensure e

The Supreme Court of India, in Sonal Talpada v. Veerbhan Singh (2026 INSC 620), decided on 2 June 2026, held that a prolonged period of separation can be treated as an indicator of mental cruelty within the meaning of Section 13(1)(ia) of the Hindu Marriage Act, 1955. The bench of Justice Sanjay Karol and Justice Augustine George Masih granted a divorce in a case where the spouses had lived apart for nearly 15 years with no effort towards reconciliation. Facts of the Case The

A Hindu wife can claim maintenance from her husband's immovable property, and that right can in certain situations be enforced even after the property has been sold to another person. That is the substance of a recent Full Bench ruling of the Kerala High Court, which clarified a question that had divided earlier decisions: whether a wife's maintenance entitlement attaches to her husband's immovable property and what happens when that property changes hands. The decision is si

Selling a minor's property in India requires the prior permission of a court, and the Supreme Court has now clarified how courts should evaluate such requests. In Shephali Chakraborty v State of West Bengal, 2026 INSC 621, decided on June 3, 2026, the Supreme Court held that courts examining a natural guardian's application under Section 8 of the Hindu Minority and Guardianship Act, 1956 must undertake a realistic assessment of whether the proposed transaction offers an evide

Child custody is one of the most contested issues when a marriage breaks down. Child custody laws in India rest on a single overriding principle: the welfare of the child is paramount, and it prevails over the rights and wishes of both parents. This guide explains the legal framework, the types of custody Indian courts grant, the factors judges consider, and the practical process for seeking custody after divorce or separation. The Legal Framework The Guardians and Wards Act,

Learning how to make a valid Will in India is one of the simplest and most important steps in protecting your family's future. A Will lets you decide how your property is distributed after your death, and Indian law sets only a few clear requirements for making one valid. This guide explains who can make a Will, how it must be signed and witnessed, whether registration is necessary, when a Will needs probate, and the practical steps that make a Will hard to challenge. Who Can