1. Highlight of the Month

Kerala High Court – Parental Duties Continue Beyond Divorce

Case: Navin Scariah v. Priya Abraham, 2025 SCC OnLine Ker 3941
Bench: Devan Ramachandran & M.B. Snehalatha, JJ.

Relevant Provisions:

• Guardians and Wards Act, 1890 – Sections 7 & 17 (welfare of the minor)
• Constitution of India – Article 39(f) (protection of children)

Facts:
A contempt petition was filed by the father alleging the mother was not complying with court directions that allowed him to meet his child.

Held:

• Contempt proceedings closed.
• Father allowed to participate in the child’s therapy sessions and educational monitoring.
• Interactions must be free from threats or intimidation.

Legal Principle:
Divorce dissolves the marital tie but not parental responsibilities; both parents retain duties towards the child’s emotional, physical, and educational welfare.

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2. Custody / Guardianship

(a) Allahabad High Court – Custody of Minor Daughter to Mother

Case: X v. State of UP, 2025 SCC OnLine All 3269
Bench: Vinod Diwakar, J.

Relevant Provisions:

• Guardians and Wards Act, 1890 – Section 7 (power to appoint guardian)
• Hindu Minority and Guardianship Act, 1956 – Section 6(a) (mother’s right to custody of minor child under certain conditions)

Facts:
The Trial Court granted only visitation rights to the mother. The father manipulated circumstances to remove the child from her care.

Held:
Custody granted to the mother, considering the father’s misconduct.

Principle:
Custody decisions must be child-centric and sensitive to the best interest of the minor.

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(b) Delhi High Court – Forcible Removal Not Equal to Ordinary Residence

Case: Sunaina Rao Kommineni v. Abhiram Balusu, 2025 SCC OnLine Del 4176
Bench: Navin Chawla & Renu Bhatnagar, JJ.

Relevant Provisions:

• Guardians and Wards Act, 1890 – Sections 9 & 25 (jurisdiction and return of child)
• Habeas Corpus – Article 226 of the Constitution

Facts:
The wife kept the child in India without consent; husband sought child’s return to the USA.

Held:
Ordinary residence cannot be unilaterally changed by wrongful retention.

Principle:
For jurisdiction under Section 9 G&W Act, the child’s residence must be lawful and habitual.

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(c) Orissa High Court – Visitation Rights Upheld

Case: X v. Y, 2025 SCC OnLine Ori 1928
Bench: G. Satapathy, J.

Relevant Provisions:

• Guardians and Wards Act, 1890 – Section 17 (welfare of child paramount)

Held:
Child needs love, guidance, and presence of both parents; visitation rights of father maintained.

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3. Divorce

(a) Calcutta High Court – Foundational Cruelty Bars Divorce

Case: Kamalika Majumdar Nee Das v. Subhapriya Majumdar, 2025 SCC OnLine Cal 4835
Relevant Provision:

• Hindu Marriage Act, 1955 – Section 13(1)(ia) (cruelty)

Held:
Petitioner guilty of greater cruelty (concealment of prior marriages) cannot get divorce decree.

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(b) Orissa High Court – Derogatory Remarks as Mental Cruelty

Case: X v. Y, 2025 SCC OnLine Ori 2325
Relevant Provision:

• HMA, 1955 – Section 13(1)(ia)

Held:
Repeated use of derogatory terms about husband’s disability constitutes mental cruelty.

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(c) Telangana High Court – Absolute Right to Khula

Case: Mohammed Arif Ali v. Smt. Afsarunnisa, 2025 SCC OnLine TS 368
Relevant Provision:

• Muslim Personal Law (Shariat) Application Act, 1937
• Dissolution of Muslim Marriages Act, 1939 – recognition of khula

Held:
Khula is the wife’s absolute right; does not require husband’s consent.

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4. Stridhan

Allahabad High Court – Section 27 HMA Not Standalone

Case: Krishna Kumar Gupta v. Priti Gupta, 2025 SCC OnLine All 3190
Relevant Provision:

• HMA, 1955 – Section 27 (disposal of property presented at or about the time of marriage)

Held:
Return of stridhan must be part of matrimonial proceedings, not a separate application.

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5. Maintenance

(a) Delhi High Court – Financial Liabilities No Excuse

Case: A v. B, 2025 SCC OnLine Del 4088
Relevant Provision:

• HMA, 1955 – Section 24 (maintenance pendente lite)
• Rajnesh v. Neha, 2020 SCC OnLine SC 903

Held:
Loans and EMIs are not valid grounds to evade maintenance obligations.

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(b) Gauhati High Court – Maintenance for Wife Driven Out

Case: Mustt. Lozzatan Begum v. Shahidul Islam, 2025 SCC OnLine Gau 2898
Relevant Provision:

• CrPC, 1973 – Section 125 (maintenance of wives, children, and parents)

Held:
Wife had sufficient reason to live separately; entitled to maintenance.

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(c) Kerala High Court – Compromise Does Not Bar Later Claim

Case: Sheela George v. V.M. Alexander, 2025 SCC OnLine Ker 3501
Relevant Provisions:

• Divorce Act, 1869 – Section 37 (alimony)
• CrPC, 1973 – Section 125

Held:
Change in circumstances allows wife to claim maintenance despite earlier relinquishment.

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6. Permanent Alimony

Supreme Court – Enhanced Considering Standard of Living

Case: Rakhi Sadhukhan v. Raja Sadhukhan, 2025 SCC OnLine SC 1259
Relevant Provision:

• HMA, 1955 – Section 25 (permanent alimony)

Held:
Enhanced to ₹50,000/month considering inflation and standard of living during marriage.

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7. Marriage Registration

Kerala High Court – Cancellation Only if Fraudulent

Case: Hussain v. State of Kerala, 2025 SCC OnLine Ker 3811
Relevant Provision:

• Kerala Registration of Marriages (Common) Rules, 2008 – Rule 13 (cancellation)

Held:
Registrar cannot cancel unless fraud or improper registration is proven.

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8. Wills

Bombay High Court – Will & Codicils of Ratan Tata Interpreted

Case: Shireen Jamsetjee Jejeebhoy v. Jamsheed Mehli Poncha, 2025 SCC OnLine Bom 2405
Relevant Provision:

• Indian Succession Act, 1925 – Sections 63, 74–81 (execution and interpretation of wills & codicils)

Held:
Clarified the effect of the fourth codicil; ensured harmonious reading with the will.