India: Family Law

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.

Can Custom Override Consent? Rajasthan HC On Atta-Satta Involving Minors (Video)

The Rajasthan High Court examines whether the traditional practice of Atta-Satta—a reciprocal marriage arrangement between families—can override legal consent requirements when minors are involved. This case explores the intersection of customary practices with child marriage laws, matrimonial cruelty standards, and women's dignity rights.

IL

IndiaLaw LLP

Can Authorities Require An Embassy NOC For An Inter-National Marriage? Kerala HC Clarifies This. (Video)

The Kerala High Court's ruling in Vinu Vikraman v. State of Kerala addresses a critical question about marriage documentation requirements under the Special Marriage Act, 1954. Can a Marriage Officer legally demand an Embassy-issued No Objection Certificate when an Indian citizen seeks to marry a foreign national, or does this requirement exceed statutory authority?

IL

IndiaLaw LLP

Child Welfare Over Procedural Rigidity: Delhi High Court On CARA’s NOC In HAMA Adoption Involving OCI Parents And Expatriate Adoption

The Delhi High Court addressed a complex adoption case involving OCI parents residing in Australia who adopted a child under the Hindu Adoptions and Maintenance Act, 1956. When CARA refused to issue a No Objection Certificate citing non-compliance with inter-country adoption procedures, the Court was forced to reconcile procedural requirements with the practical reality that Australia classified the adoption as "expatriate" rather than inter-country, making standard compliance impossible.

IL

IndiaLaw LLP

Death Does Not Discharge The Debt: Bombay High Court On Maintenance Decrees And The Limits Of Spousal Obligations Post-Mortem

In a significant ruling delivered on 6th May 2026, a Division Bench of the Bombay High Court comprising Justices Bharati Dangre and Manjusha Deshpande authoritatively resolved a long-contested question of matrimonial...

IL

IndiaLaw LLP

Personal Liberty Over Social Convention: The Madhya Pradesh High Court’s Stand On Live-In Relationships

IL

IndiaLaw LLP

The Sole Surviving Widow’s Right To Full Family Pension: A Clarification By The Punjab And Haryana High Court

India Employment

IL

IndiaLaw LLP

DNA Testing And Paternity Disputes: The Supreme Court Reaffirms The Balance Of Interests

IL

IndiaLaw LLP

Retrospective Application Of Protection Orders In DV Act

MC

MAHESHWARI & CO. Advocates & Legal Consultants

Misrepresentation Of Age In Matrimonial Alliances: Legal Remedies And Procedural Rigor In Family Court Appeals

IL

IndiaLaw LLP

Down Syndrome And The National Trust Act: Kerala High Court Clarifies The Law On Legal Guardianship

IL

IndiaLaw LLP

No Coparcenary, No Karta: Supreme Court Rewrites The Conversation On Inherited Property

IL

IndiaLaw LLP

Kerala High Court Clarifies: No Embassy NOC Required For Inter-Nationality Marriages Under Special Marriage Act

IL

IndiaLaw LLP

Earning Capacity As A Bar To Maintenance: The Allahabad High Court’s Ruling In Dr. Garima Dubey v. Dr. Saurabh Anand Dubey

IL

IndiaLaw LLP

Supreme Court Affirms Reproductive Autonomy: Constitutional Right To Abortion Extends Beyond Statutory Limits

India Government

IL

IndiaLaw LLP

Going Public In Silence: Decoding SEBI’s Confidential IPO Route

CP

Corporate Professionals

From ESG Reporting To ESG Readiness: Why Disclosure Alone Is No Longer Enough

India Commercial

CP

Corporate Professionals

Gambling Laws And Regulations India 2026

India Media & IT

AL

Aarna Law

Raising The Bar For Directors: Accountability And Liability In The IBC Framework

India Commercial

SA

Shardul Amarchand Mangaldas & Co

Beyond Age Bars: Calcutta High Court Upholds Reproductive Rights In Surrogacy Amid Procedural Delays

IL

IndiaLaw LLP

Vested Rights And Social Realities: Evaluating The Interplay Of Widow Remarriage And Dependency Claims Under The Motor Vehicles Act

The Motor Vehicles Act of 1988 functions as a critical piece of beneficial legislation, designed to provide immediate financial succor to the dependents of victims of fatal road accidents.

India Litigation

IL

IndiaLaw LLP

Maintenance Cannot Be Diluted: Supreme Court Draws The Line On Salary Deductions

The Supreme Court’s decision in Deepa Joshi v. Gaurav Joshi1 (2026) marks a significant reaffirmation of the principles governing maintenance under matrimonial law. The judgment clarifies the treatment of financial...

IL

IndiaLaw LLP

Beyond Age Bars: Calcutta High Court Upholds Reproductive Rights In Surrogacy Amid Procedural Delays

The Calcutta High Court examines whether statutory age limits under India's surrogacy laws should operate as absolute barriers when reproductive processes have been validly initiated within permissible timeframes.

IL

IndiaLaw LLP

Delhi HC Upholds Live-in Relationship Rights (Video)

Delhi HC Upholds Live-in Relationship Rights

IL

IndiaLaw LLP

Clocking Out The Three-Month Rule: What The Supreme Court’s Adoption Leave Ruling Means For Corporate India

India Employment

AP

AK & Partners

Succession Under Shariah Law: Implications For Wealth Structuring And Estate Planning

AP

AK & Partners

Breaking The Barter: The Rajasthan High Court On Atta-Satta, Cruelty, And The Limits Of Tradition

IL

IndiaLaw LLP

Supreme Court Delivers Justice For A Minor: Setting Aside A Succession Certificate In Deepesh Maheswari v. Renu Maheswari

IL

IndiaLaw LLP

Understanding The Treatment Of An HUF Under The Income Tax Act, 1961

Fox & Mandal

Habeas Corpus Inappropriate For Muslim Custody Disputes: Allahabad High Court Clarifies Guardians And Wards Act Scope

IL

IndiaLaw LLP

WhatsApp Chats And The Weight Of Matrimonial Evidence: Bombay High Court Restores The Wife's Voice

IL

IndiaLaw LLP

Judicial Diligence And The Perils Of Citing Non-Existent Statutes: An Analysis Of The Allahabad High Court’s Decision In Hafij v. Parveen Khatoon

IL

IndiaLaw LLP

Gift Deeds Executed By Senior Citizens Are Voidable Under Section 23 Of The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007 Despite Absence Of An Express Maintenance Clause

MM

M Mulla Associates

Balancing Legislative Intent And Practical Justice: The Case For Virtual Conciliation In Matrimonial Proceedings

IL

IndiaLaw LLP

WhatsApp Chats And The Weight Of Matrimonial Evidence: Bombay High Court Restores The Wife's Voice

The intersection of digital communication and matrimonial law has increasingly demanded judicial attention in contemporary India. As smartphones become ubiquitous and instant messaging platforms...

IL

IndiaLaw LLP

Judicial Diligence And The Perils Of Citing Non-Existent Statutes: An Analysis Of The Allahabad High Court’s Decision In Hafij v. Parveen Khatoon

The administration of justice in matrimonial matters demands not merely substantive fairness but also procedural precision, particularly in the identification and application of governing statutes.

IL

IndiaLaw LLP

Gift Deeds Executed By Senior Citizens Are Voidable Under Section 23 Of The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007 Despite Absence Of An Express Maintenance Clause

The Bombay High Court in its decision in Raviprakash R. Sodhani and Anr. v. Ram Swaroop Sodhani and Ors. observed that a gift deed executed by a senior citizen can be declared void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ...

MM

M Mulla Associates

Balancing Legislative Intent And Practical Justice: The Case For Virtual Conciliation In Matrimonial Proceedings

In a significant ruling dated 9 March 2026, the High Court of Gujarat at Ahmedabad, presided over by the Honourable Mrs. Justice M. K. Thakker, allowed a Special Civil Application...

IL

IndiaLaw LLP

Constitutional Protection Of Live-in Relationships: Delhi High Court Affirms Adult Autonomy In Kartik v. State Of NCT Of Delhi

IL

IndiaLaw LLP

The Supreme Court's Power Under Article 142 In Cases Of Irretrievable Breakdown Of Marriage.

In a recent judgement, the Supreme Court, in Neha Lal v. Abhishek Kumar , dealt with irretrievable breakdown of marriage and the Court's power under Article 142 of the Constitution of India to grant divorce without mutual consent.

Saga Legal

The Role Of Family Settlements Under The Hindu Succession Act

Family settlements also known as family arrangements are agreements entered into by family members to resolve property disputes, often relating to inheritance, without resorting to litigation.

AL

Aarna Law

From Fortuity To Equality: Supreme Court On Maintenance Rights Of Widowed Daughters-in-Law (Video)

In this episode of Podcast Bites powered by INDIALAW LLP, host Brian Noronha examines a significant ruling of the Hon'ble Supreme Court of India interpreting the Hindu Adoptions and Maintenance Act, 1956.

IL

IndiaLaw LLP

Shared Custody Does Not Dilute Maintenance Obligations: Delhi High Court

In a significant ruling on maintenance and child custody, the Delhi High Court has clarified that a husband's obligation to maintain his wife and minor child does not get diluted...

IL

IndiaLaw LLP

Reaffirming The Right To Maintenance: Allahabad High Court Sets Aside Family Court Order

IL

IndiaLaw LLP

Beyond Jurisdictional Barriers: Delhi High Court Mandates CARA’s Role In HAMA-Based Intercountry Adoptions

IL

IndiaLaw LLP

Judicial Trends In International Parental Child Abduction Cases In India

India Litigation

RL

RPV Legal

When Adoption Cannot Be Collaterally Questioned: Allahabad High Court Interprets Section 16, Hindu Adoptions And Maintenance Act

IL

IndiaLaw LLP

No Maintenance Without A Valid Marriage: Allahabad High Court Reiterates Statutory Limits Of Section 125 Cr.P.C.

IL

IndiaLaw LLP

Dowry, Personal Law, And Constitutional Morality: Reaffirming Core Principles In Dowry Death Jurisprudence

IL

IndiaLaw LLP

Restoring Dignity And Property: SC Rules On Mahr And Marriage Gifts

IL

IndiaLaw LLP

Invalidity Of Marriages With Unconscious Or Deceased Persons In India: Legal Status And Complete Absence Of Property And Succession Rights

KS

King, Stubb & Kasiva

Maintenance Under Hindu Law: Know Your Legal Rights (Video)

IL

IndiaLaw LLP

A Balancing Act Of Duty: Madras High Court Denies Maintenance From Ailing Senior Citizen Husband

IL

IndiaLaw LLP

Delhi High Court On Mental Cruelty: False Allegations, Vexatious Litigation And The Boundaries Of Matrimonial Conduct

IL

IndiaLaw LLP

Husband Cannot Use Child As A Pawn To Prove Wife's Adultery – DNA Test Plea Dismissed

IL

IndiaLaw LLP

Minors' Rights Protected – Court Rules Suit Not Mandatory To Undo Guardian's Unauthorized Sale

IL

IndiaLaw LLP

Bombay High Court Upholds Mother's Right To Custody After Father's Death: A Humanitarian Reinforcement Of Guardianship Law

IL

IndiaLaw LLP

The Minor Husband Maintenance Ruling

IL

IndiaLaw LLP

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Latest Videos

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Can Custom Override Consent? Rajasthan HC On Atta-Satta Involving Minors (Video)

IL

IndiaLaw LLP

Delhi HC Upholds Live-in Relationship Rights (Video)

IL

IndiaLaw LLP

From Fortuity To Equality: Supreme Court On Maintenance Rights Of Widowed Daughters-in-Law (Video)

IL

IndiaLaw LLP

Maintenance Under Hindu Law: Know Your Legal Rights (Video)

IL

IndiaLaw LLP

How To Take Mutual Divorce? | Lawyer For Divorce With Mutual Consent (Video)

Century Law Firm

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