Family Law

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

The Bombay High Court has reaffirmed that a wife can be entitled to maintenance even where the husband claims he personally committed no act of cruelty against her. Deciding a husband's revision petition, Justice Urmila Joshi-Phalke of the Nagpur Bench held that ill-treatment within the matrimonial home can justify a wife living separately and claiming maintenance under Section 125 of the Code of Criminal Procedure, 1973, even if the husband did not himself commit every act o

A will is a legal declaration of how a person wishes their property to be distributed after death. Making a valid will in India is one of the most effective ways to avoid disputes among heirs, ensure that your assets go to the people you intend, and provide for dependants. The good news is that a will need not be complicated or expensive; what matters is that it meets the legal requirements for validity. This guide explains who can make a will, how it should be drafted and si

The Allahabad High Court in April 2026 denied interim maintenance under Section 24 of the Hindu Marriage Act, 1955 to a doctor-wife whose income tax returns reflected annual earnings exceeding Rs 31 lakh. In Dr. Garima Dubey v. Dr. Saurabh Anand Dubey, the Court held that a highly qualified professional who is capable of earning through her expertise but deliberately refrains from working in order to shift the financial burden onto her spouse is not entitled to maintenance pe

The Hindu Marriage Act 1955 is the foundational legislation governing marriage, divorce, maintenance, and custody for Hindus, Sikhs, Buddhists, and Jains in India. Understanding the grounds for divorce, the procedures for separation and dissolution of marriage, spousal maintenance rights, and child custody principles is essential for individuals navigating family disputes. This comprehensive guide covers the statutory grounds for divorce under Section 13, the simplified proce

The Jan Vishwas (Amendment of Provisions) Bill, 2026 represents one of India's most sweeping business law reforms in recent years. Passed by Parliament in April 2026, this legislation amends 784 provisions across 79 Central Acts administered by 23 Ministries. The core principle is transformative: shift from criminal penalties for minor and technical violations to civil and administrative enforcement. If your business operates across multiple sectors, this article explains whi