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How Settled Divorce Cases Reopen Due To Consent Withdrawal, Financial Pressure, And Litigation Tactics

NEW DELHI: Mutual consent divorce is often portrayed as the most civilised and peaceful way to end a marriage. The couple agrees to separate, settlement terms are negotiated, alimony is discussed, custody issues are addressed, and both parties walk into court claiming they no longer wish to continue the relationship.

But inside Indian courtrooms, a very different reality frequently emerges.

Many mutual divorce cases collapse at the final stage — sometimes after months of negotiation, mediation, court appearances, settlement payments, or even partial compliance with agreed terms. One spouse suddenly refuses to appear for the second motion, demands more money, reopens old disputes, or uses pending criminal litigation as leverage.

What looked like a “mutual settlement” turns into another prolonged legal war.

Under Indian law, a mutual consent divorce is not complete merely because the parties signed papers or filed a petition. Consent must continue till the final decree of divorce is passed.

And this is precisely where many cases fail.

Legal Framework Governing Mutual Divorce In India

For Hindus, mutual consent divorce is governed by:

Section 13B of the Hindu Marriage Act, 1955

Other corresponding provisions include:

Section 28 of the Special Marriage Act, 1954

Section 10A of the Divorce Act, 1869

Relevant provisions under personal laws applicable to other communities

Under Section 13B of the Hindu Marriage Act, parties must establish:

They have lived separately for at least one year

They are unable to live together

They mutually agreed to dissolve the marriage

Consent continues till the second motion and final decree

The most critical requirement is continuing consent.

The Supreme Court Principle That Changes Everything

Consent Can Be Withdrawn Before Final Decree

The legal position was decisively settled in:

Sureshta Devi v. Om Prakash: The Supreme Court held that either spouse is legally entitled to withdraw consent at any time before the final decree of divorce is passed.

The Court clearly observed that:

Read Also: Family Courts not to remain a neutral umpire, can order enquiry to find out truth: Kerala High Court

Mutual consent must continue till the divorce decree is finally granted.

This means that even if:

the settlement agreement is signed,

mediation has succeeded,

first motion statements are recorded,

partial payments are made,

…the divorce can still legally fail.

That single principle becomes the foundation of most failed mutual divorce cases in India.

The Cooling-Off Period Becomes A Negotiation Weapon

Under Indian matrimonial law, there is ordinarily a waiting period between the first and second motion.

Section 13B(2) HMA

In theory, this period exists to give parties an opportunity for reconciliation.

In practice, many litigants use this phase to renegotiate the settlement.

Common situations include:

Demanding higher alimony,

Insisting on immediate property transfer,

Seeking withdrawal of criminal cases before second motion,

Threatening non-appearance unless additional conditions are accepted.

Many husbands discover that after the first motion, the “final settlement” suddenly stops being final.

The Supreme Court addressed misuse of delay in:

Amardeep Singh v. Harveen Kaur: The Court held that the cooling-off period can be waived where reconciliation is impossible and prolonged delay serves no purpose.

This judgment recognised that procedural delay itself was becoming a tool of pressure in matrimonial disputes.

Settlement Amount Disputes Suddenly Reopen

One of the most common reasons mutual divorce collapses is financial renegotiation at the final stage.

Even after:

Read Also: Calcutta High Court: DNA Evidence Deemed Insufficient as Definitive Proof in Rape Cases

signing mediation terms,

agreeing to lump-sum settlement,

accepting instalments,

recording statements before court,

one party may suddenly claim:

the amount is inadequate,

circumstances have changed,

family pressure existed,

future security is insufficient.

In many matrimonial disputes, settlement negotiations begin resembling commercial bargaining rather than legal closure.

The Supreme Court in Hitesh Bhatnagar v. Deepa Bhatnagar reiterated that consent must remain free, voluntary, and continuing till the decree is finally passed.

If consent is withdrawn, courts ordinarily cannot force mutual divorce merely because earlier negotiations existed.

Family Pressure Completely Reverses The Decision

In India, matrimonial litigation rarely remains confined to the husband and wife alone.

Parents, relatives, siblings, and extended family members frequently influence settlement decisions behind the scenes.

Common interventions include:

“Don’t settle so quickly.”

“Fight for more compensation.”

“Why should he get an easy divorce?”

“Continue criminal pressure first.”

By the time the second motion arrives, emotional and social pressure often overtakes the original settlement.

Many mutual divorce cases collapse not because spouses changed their minds independently, but because external family dynamics reignited the conflict.

Criminal Cases Become Pressure Mechanisms

In many matrimonial disputes, mutual divorce negotiations run parallel to criminal litigation.

This commonly includes:

Section 498A IPC proceedings,

Domestic Violence Act cases,

maintenance proceedings,

criminal intimidation allegations,

child custody litigation.

One side may refuse:

quashing petitions,

no-objection statements,

settlement compliance,

withdrawal applications,

unless further demands are fulfilled.

As a result, the mutual divorce effectively becomes hostage to connected criminal proceedings.

The Supreme Court recognised settlement-based resolution in matrimonial disputes in: Narinder Singh v. State of Punjab

Read Also: Joint Ownership of Property between Husband and Wife

However, the Court also stressed that settlements must be genuine and fully complied with before criminal proceedings are quashed.

This is why poorly drafted settlement agreements often become disastrous later.

Child Custody Becomes The Emotional Breaking Point

Many couples successfully negotiate finances but completely collapse during child custody discussions.

Common disputes include:

visitation rights,

school decisions,

relocation abroad,

remarriage concerns,

parental access,

long-term guardianship.

Fathers frequently realise at the final stage that they may lose meaningful involvement in their child’s upbringing.

Emotional resistance begins surfacing only when the practical consequences become real.

Indian courts follow the “welfare of the child” doctrine while deciding custody disputes.

The Supreme Court explained this principle in:

Gaurav Nagpal v. Sumedha Nagpal: The Court held that the child’s welfare remains the paramount consideration above competing parental claims.

As a result, custody negotiations often become the most emotionally explosive part of mutual divorce settlements.

The Supreme Court’s Extraordinary Constitutional Powers

In exceptional situations involving irretrievably broken marriages, the Supreme Court has exercised constitutional powers to dissolve marriages despite technical procedural complications.

This power flows from:

Article 142 of the Constitution of India

Important judgments include:

Shilpa Sailesh v. Varun Sreenivasan: The Supreme Court held that it can dissolve marriages under Article 142 where the relationship has completely broken down and continuation serves no meaningful purpose.

Read Also: Contested vs Mutual Divorce in India (2026): Legal Differences, Court Timelines, Alimony Risks & Supreme Court Rulings Explained

Similarly, in:

Srinivas Kumar v. R. Shametha: The Court exercised extraordinary powers where the marriage had collapsed beyond repair.

However, these are exceptional constitutional remedies — not routine matrimonial procedures available before ordinary family courts.

Critical Mistakes Couples Make During Mutual Divorce

Many failed settlements arise because parties act prematurely.

Common mistakes include:

paying full settlement before second motion,

withdrawing criminal cases too early,

transferring property before decree,

relying on oral assurances,

failing to create enforcement clauses,

poorly drafting custody arrangements.

In high-conflict matrimonial litigation, timing and drafting strategy become extremely important.

Essential Clauses Every Mutual Divorce Settlement Should Contain

A properly drafted settlement should ideally include:

staged payment schedule,

consequences of default,

timeline for quashing proceedings,

custody and visitation compliance clauses,

litigation withdrawal obligations,

undertaking clauses,

disclosure of pending proceedings,

asset and liability declarations.

Weak drafting frequently becomes the reason mutual divorce later collapses.

CONCLUSION

Mutual Divorce Is Easy Only In Theory

The biggest misconception in matrimonial litigation is that once parties “agree,” divorce becomes automatic.

Indian law says otherwise.

Until the final decree is passed:

consent can be withdrawn,

settlement terms can collapse,

criminal litigation can intensify,

emotional pressure can reverse negotiations,

custody disputes can reopen entirely.

A signed settlement, a successful mediation, or even the first motion does not guarantee closure. In many cases, the real conflict begins only after parties believe the dispute is “settled.”

This is why mutual divorce is not merely a matter of consent — it is a matter of strategy, timing, legal drafting, procedural safeguards, financial sequencing, and emotional realities that courts witness every day.

What appears resolved on paper often remains legally fragile beneath the surface.

Read Also: Law around Mutual Consent Divorce in India

And once trust collapses inside matrimonial litigation, even a “mutual” divorce can quickly turn into another prolonged courtroom battle.

FAQs

Can A Spouse Withdraw Consent After Filing Mutual Divorce? Yes. Either spouse can legally withdraw consent anytime before the final divorce decree is passed.

Is Divorce Automatic After The First Motion? No. Divorce is granted only after the second motion and continued mutual consent before the court.

Can Mutual Divorce Fail Even After Settlement? Yes. Settlement agreements can collapse if one party changes terms, withdraws consent, or refuses to appear.

What Happens If One Spouse Skips The Second Motion? The mutual divorce petition may fail because continuing consent is mandatory under Indian law.

Why Is Proper Settlement Drafting Important? Proper drafting helps prevent future disputes regarding alimony, custody, payments, and withdrawal of cases.

Expert Divorce Lawyers – Immediate Legal Help Available Get clear legal advice, fast support, and complete confidentiality for your case.

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A false 498A FIR can destroy a man’s reputation, career, and family before trial even begins. This legal guide explains how innocent husbands can challenge vague allegations, seek FIR quashing, and legally remove their names using Supreme Court-backed remedies.

NEW DELHI: A 498A FIR is not just a police case. For an innocent husband, it becomes a weapon of fear, arrest threats, social humiliation, career damage, passport problems, family pressure, and settlement blackmail.

But the law is clear: a name in the FIR is not proof of guilt. If the allegations are vague, impossible, retaliatory, delayed, or unsupported by material, the High Court can remove your name by quashing the FIR or proceedings.

Section 498A IPC punishes cruelty by the husband or his relatives, with imprisonment up to three years and fine. “Cruelty” means conduct likely to drive the woman to suicide or cause grave injury, or harassment linked with unlawful demand for property or valuable security.

After the new criminal laws, the equivalent provision is Section 85 BNS, while cruelty is defined under Section 86 BNS. For older FIRs, Section 498A IPC still applies depending on the date of offence.

CAN A HUSBAND’S NAME BE REMOVED FROM A 498A FIR?

Yes, but not by simply requesting the police to “delete” the name. In serious matrimonial FIRs, the practical legal remedy is usually:

High Court quashing petition under Section 482 CrPC for old procedure cases, or Section 528 BNSS after the new criminal procedure law.

Article 226 writ petition in suitable cases.

Discharge application after charge-sheet, if the case has reached the trial court.

Closure report / cancellation report by police, if investigation itself finds no case.

Settlement-based quashing, where both parties settle and the complainant supports quashing.

Section 482 CrPC preserves the inherent power of the High Court to prevent abuse of process and secure the ends of justice.

THE BIGGEST MISTAKE INNOCENT HUSBANDS MAKE

Most men panic after FIR and start running for compromise. That is the trap. First, read the FIR like a judge:

Is there a specific date?

Is there a specific dowry demand?

Is there a specific act of cruelty?

Is there medical proof?

Is there independent evidence?

Is the FIR filed after divorce notice, maintenance case, custody dispute, or refusal to pay money?

Are all family members casually named?

If the FIR only says “husband and family harassed me for dowry” without details, it is weak. Criminal law does not run on slogans. It runs on ingredients, evidence, and prima facie material.

SUPREME COURT ON 498A MISUSE: WHAT HELPS THE HUSBAND?

The Supreme Court has repeatedly warned that 498A should not become a tool for personal vendetta. In a 2024 judgment, the Court observed that vague and generalised allegations during matrimonial conflict, if not scrutinised, encourage misuse and arm-twisting tactics. The Court held that proceedings used as a weapon in personal discord can amount to abuse of process.

In another 2025 Supreme Court judgment, the Court quashed FIR and charge-sheet where it found the FIR vexatious and apparently filed with an ulterior motive after the husband had filed divorce proceedings.

In August 2025, the Supreme Court again quashed proceedings against a father-in-law where continuation of criminal proceedings against family members, especially without specific and proximate allegations, served no legitimate purpose and only prolonged bitterness.

BEST GROUNDS TO REMOVE NAME FROM 498A FIR

1. Vague And Omnibus Allegations If the FIR names the husband, parents, sisters, brothers, and relatives without individual roles, this is a strong ground. Courts repeatedly hold that relatives cannot be prosecuted merely because they are related to the husband.

2. FIR Filed As Counterblast If the 498A FIR comes after divorce notice, restitution petition, custody dispute, maintenance resistance, or settlement refusal, show the chronology. Timing can expose motive.

3. No Ingredient Of Cruelty Every domestic quarrel is not 498A. Disagreement, incompatibility, ego clash, normal marital discord, or refusal to obey unreasonable demands cannot automatically become criminal cruelty.

4. Delay In Complaint A delayed FIR is not automatically false, but unexplained delay weakens the prosecution story, especially where serious allegations were never reported earlier.

5. No Medical, Documentary Or Independent Support If there are allegations of assault, miscarriage, confinement, or severe cruelty but no medical record, no timely complaint, and no independent witness, the High Court can examine whether continuation is abuse of process.

6. Separate Residence If husband’s relatives were living separately, or the husband himself was posted elsewhere, location evidence can be decisive.

7. Settlement Between Parties 498A is non-compoundable in many jurisdictions unless state amendment applies, but High Courts and the Supreme Court can quash matrimonial criminal proceedings on settlement in appropriate cases to secure justice.

DOCUMENTS NEEDED FOR 498A QUASHING

Keep these ready before filing:

FIR copy

Complaint copy, if separate from FIR

41A notice / arrest notice, if issued

Charge-sheet, if filed

Marriage documents

Divorce petition / maintenance case / custody case chronology

WhatsApp chats, emails, call records, bank records

Proof of separate residence

Employment posting proof

Medical contradictions, if any

Settlement deed and complainant affidavit, if matter is settled

COURTROOM REALITY: WHAT THE JUDGE LOOKS AT

The High Court normally asks:

Where is the specific allegation? If the FIR has only general accusations, quashing becomes stronger.

What is the role of this accused? A husband’s name is treated more seriously than distant relatives, but even against the husband, the FIR must disclose legally recognised cruelty.

Was the FIR retaliatory? If filed after divorce or other litigation, the court examines motive.

Will trial serve justice or become punishment? The Supreme Court has said that criminal law should not be used as harassment, and quashing is essential in appropriate cases to uphold fairness.

PRACTICAL STRATEGY FOR INNOCENT HUSBANDS

Do not abscond. Do not threaten the complainant. Do not create emotional WhatsApp evidence. Do not pay cash without written settlement. Do not rely only on police assurances.

First secure protection from arrest, comply with 41A notice, prepare chronology, collect contradictions, and then decide whether to file quashing before charge-sheet or after charge-sheet. In many cases, waiting for charge-sheet gives better material. In some cases, immediate quashing is necessary to stop abuse.

CONCLUSION

An innocent husband can remove his name from a false 498A FIR, but only with facts, documents, chronology, and correct legal strategy.

The High Court is not a complaint counter. It will not quash merely because the husband says he is innocent. But where the FIR is vague, retaliatory, delayed, exaggerated, or unsupported by evidence, the law gives a powerful remedy.

A false 498A case is not the end of life. It is a legal battle. Fight it with evidence, not emotion.

FAQs

1. Can a husband remove his name from a 498A FIR?

Yes. He can approach the High Court for quashing if the FIR lacks specific allegations, is retaliatory, or does not disclose ingredients of cruelty.

2. Can 498A FIR be quashed before charge-sheet?

Yes. The High Court can quash before charge-sheet in appropriate cases, but the facts must clearly show abuse of process.

3. Is settlement necessary for 498A quashing?

No. Settlement is one ground. Even without settlement, courts can quash false, vague, or malicious 498A proceedings.

4. Can police remove my name from 498A FIR?

Police may file a closure report or not charge-sheet you if evidence is absent, but formal quashing usually requires High Court intervention.

5. What is the strongest ground in 498A quashing?

The strongest ground is absence of specific allegations showing cruelty or dowry-linked harassment, especially when the FIR appears to be a counterblast.

Protect your rights with informed legal strategy and dedicated support in sensitive family and custody disputes. For expert guidance and strong representation, get in touch today.

Visit: https://www.shoneekapoor.com

Contact No.: +91-8010850498

Was Twisha Sharma facing harassment after marriage, or is there more to the story behind her death? A Bhopal court has now rejected the anticipatory bail plea of her lawyer husband while police continue the investigation.

MADHYA PRADESH: A Bhopal court on Monday (May 18th) rejected the anticipatory bail plea of lawyer Samarth Singh in the death case of his wife Twisha Sharma, who was recently found dead at her matrimonial home in Bhopal.

Twisha Sharma, who was based in Noida and was also known as a former Miss Pune winner, had married Bhopal-based lawyer Samarth Singh around five months ago. Reports say the couple met through a dating application in 2024 before getting married.

After marriage, Twisha shifted to Bhopal to live with her husband and his family. Samarth Singh’s mother, Giribala Singh, is a retired judge and is currently serving as the President of the District Consumer Disputes Redressal Commission.

Read Also: Why Male Suicide Rate Is Higher In India: NCRB Data, Marriage Pressure, False Cases & Legal Reality

Twisha’s family has accused her husband and in-laws of physical and mental harassment. They have alleged that she was subjected to domestic violence and dowry-related pressure after marriage. The family has also demanded a second post-mortem examination to determine the exact cause of death.

A First Information Report (FIR) has been registered at Katara Hills police station in connection with the case. According to reports, Samarth Singh and his mother have been booked for dowry harassment.

Additional District Sessions Judge Pallavi Dwivedi rejected the anticipatory bail plea filed by Samarth Singh. Police reportedly informed the court that he is currently avoiding arrest.

Read Also: NRI Husband Legal Guide: How To Serve Divorce Notice To Wife Living In India?

Meanwhile, Giribala Singh had earlier received anticipatory bail from a sessions court on May 15.

During the bail hearing, the defence raised questions regarding Twisha Sharma’s mental health and medical treatment. Samarth Singh’s lawyer argued that investigators should examine the medicines she was allegedly taking and look deeper into her mental health condition.

The defence also questioned financial aspects and whether there were any other personal issues affecting her state of mind.

Read Also: Can Husband Stop Maintenance If Wife Is Working? Indian Law, Supreme Court Judgments & The Reality Men Must Know

During arguments, the defence counsel reportedly asked:

“Was she returning because of love or because she was being tortured?”

Read Also: Section 41A CrPC & Section 35(3) BNSS: Arrest Protection For Men In 498A And Matrimonial Cases

The statement became a major talking point during the hearing, as the defence tried to argue that the complete background of the relationship must also be examined during the investigation.

Police investigation in the matter is currently ongoing, and further legal action will depend on forensic findings, witness statements, digital evidence, and the final medical reports submitted before the court.

Legal Sections And Laws Involved In The Case

LAW / SECTIONLEGAL PROVISIONMEANING IN SIMPLE LANGUAGEPUNISHMENT / EFFECTSection 498A IPC / Section 85 BNS equivalent contextCruelty by husband or relativesApplies when wife alleges physical or mental cruelty linked to marriage or dowryArrest, criminal prosecution, imprisonmentDowry Prohibition Act, 1961Demand or harassment for dowryMakes giving, taking or demanding dowry illegalJail and fineSection 438 CrPC / Section 482 BNSS procedural contextAnticipatory BailProtection from arrest before actual arrestCourt may grant or reject bailFIR RegistrationCriminal complaint registrationFormal beginning of police investigationEnables investigation and arrest powersPost-Mortem ExaminationMedical legal procedureDetermines cause of deathUsed as evidence in court

Case Details

COURT: District & Sessions Court, Bhopal, Madhya Pradesh

BENCH: Additional District & Sessions Judge Pallavi Dwivedi

CASE STATUS: Anticipatory bail plea of accused husband Samarth Singh rejected by Bhopal court.

Parties Involved

ROLENAMEDETAILSDeceasedTwisha SharmaFormer Miss Pune winner, originally from NoidaAccused HusbandSamarth SinghBhopal-based lawyerCo-AccusedGiribala SinghRetired judge, mother of Samarth SinghInvestigating Police StationKatara Hills Police StationBhopalPresiding JudgePallavi DwivediAdditional District & Sessions Judge

Key Takeaways

Mere allegations are enough today to socially convict a husband before trial even begins.

Every unnatural death of a married woman immediately turns into automatic suspicion against the husband and his family.

The defence highlighting mental health and medical history shows why one-sided narratives in matrimonial cases are dangerous.

Courts must rely on forensic evidence, chats, medical records and facts — not emotional pressure or media outrage.

Men entering rushed dating-app marriages without background verification are increasingly becoming vulnerable to legal, emotional and reputational destruction.

This Could Change Your Case-Get FREE Legal Advice-Click Here!

Disclaimer: The views and opinions expressed in this article are those of the Indian courts and do not necessarily reflect the official policy or position of “ShoneeKapoor.com” or its affiliates. This article is intended for informational and educational purposes only. The content provided is not legal advice, and viewers should not act upon this information without seeking professional counsel. Viewer discretion is advised.

Protect your rights with informed legal strategy and dedicated support in sensitive family and custody disputes. For expert guidance and strong representation, get in touch today.

Visit: https://www.shoneekapoor.com

Contact No.: +91-8010850498

The Allahabad High Court not only dismissed the husband’s petition but also imposed heavy costs of ₹15 lakh.

Would a financially dependent wife have received the same treatment as the husband in this matter?

PRAYGRAJ: The Allahabad High Court, through Justice Vinod Diwakar, passed an order that courts must carefully examine facts and should not grant relief where there is concealment, false claims, or misuse of legal process by any party in a matrimonial dispute.

The Court dismissed the husband’s petition filed under Article 227 of the Constitution and imposed ₹15 lakh as compensatory cost payable to the wife.

The husband had approached the High Court seeking speedy disposal of his maintenance case under Section 144 BNSS pending before the Family Court at Etawah. He claimed that he was unemployed, had no stable income, and was financially dependent on his wife, who is working as an Additional Private Secretary in the High Court.

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He alleged that after securing a government job, the wife started insulting him, humiliating him, and filing false criminal complaints against him. According to him, he was surviving only through loans taken from friends and relatives.

The wife strongly opposed the petition and presented a different picture. She argued that the husband belonged to a financially strong family, was a practicing advocate, and had hidden his real sources of income.

She also alleged that personal loans were taken from her salary account on his request in the name of buying land, but the money was later transferred to his own accounts and misused. She informed the Court that she is still paying an EMI of ₹26,020 every month.

Read Also: Wife Filed False IPC 498A / BNS 85? What To Do Immediately Before Police Action Starts

After examining bank records, earlier court proceedings, affidavits, and income details, the High Court found that the husband had already received an earlier order under Section 24 of the Hindu Marriage Act granting him ₹5,000 monthly maintenance and ₹10,000 towards litigation expenses. However, this important fact was not properly disclosed in the present petition.

The Court also noted that the maintenance proceedings at Etawah had already been stayed in another transfer case. Therefore, seeking urgent disposal of a stayed matter had no legal basis. In this background, the Court remarked:

“The High Court is not a window shopping forum.”

Read Also: Settlement Pressure on Men in 69 BNS Cases: Marriage or Jail, Police Arrest Threats, and FIR-Based Extortion

Justice Diwakar further took serious note of suppression of facts and repeated litigation tactics. The Court observed:

“The conduct of the petitioner in suppressing material facts and pursuing parallel remedies, while seeking equitable relief, disentitles him from any indulgence by this Court.”

Read Also: 498A FIR in India While Husband Is in Canada: What an NRI Husband Must Do Immediately Before Police, LOC or NBW Pressure Begins

While discussing the legal position on maintenance claims under criminal law provisions, the Court referred to earlier judgments and quoted:

“The legislature would not have intended to clothe the husband with the right to claim maintenance from his wife under this Chapter.”

It also cited another ruling stating:

“A husband is not entitled to file application under Section 125 Cr.PC claiming maintenance from the wife.”

After considering the entire matter, the Court held that the petition lacked bona fide intention and dismissed it with ₹15 lakh cost, payable within six weeks. If the amount is not paid, it can be recovered as arrears of land revenue.

The Family Court at Prayagraj was also directed to expedite the pending matrimonial proceedings between the parties.

Explanatory Table: Laws And Section Involved

Case Details

Case Title: Ranjeet Singh vs Neetu Singh

Court: High Court of Judicature at Allahabad

Case Type: Matters Under Article 227

Case Number: No. 12198 of 2025

Bench: Hon’ble Justice Vinod Diwakar

Neutral Citation: 2026:AHC:90307

Date of Judgment: 23 April 2026

Counsels:

For Petitioner: Anurag Shukla, Arun Kumar Soni, Kumar Anubhav, Ms. Amrita Rai Mishra

For Respondent: Gyan Chandra, Mahendra Bahadur Singh, Vijeta Singh

Key Takeaways

The Court placed strong emphasis on the husband’s conduct and non-disclosure, while the wife’s stable government income and financial position were not treated as a determining factor in granting or denying relief.

Despite the wife being the earning spouse, the legal framework applied did not recognize a reciprocal right of maintenance for the husband under the criminal law provisions.

The Court relied on precedents which clearly exclude husbands from claiming maintenance under Section 125 CrPC / Section 144 BNSS, reinforcing a gender-specific interpretation.

Financial transactions and alleged misuse of the wife’s earnings were examined, but the broader question of financial dependency of a non-earning husband was not accepted as a valid ground.

The final outcome reflects that even where the wife is financially stronger, the legal position remains unchanged, and the husband’s claim gets rejected primarily on conduct and maintainability grounds.

Click Here to Download Judgment – Ranjeet Singh vs Neetu Singh

This Could Change Your Case-Get FREE Legal Advice-Click Here!

Disclaimer: The views and opinions expressed in this article are those of the Indian courts and do not necessarily reflect the official policy or position of “ShoneeKapoor.com” or its affiliates. This article is intended for informational and educational purposes only. The content provided is not legal advice, and viewers should not act upon this information without seeking professional counsel. Viewer discretion is advised.

Protect your rights with informed legal strategy and dedicated support in sensitive family and custody disputes. For expert guidance and strong representation, get in touch today.

Visit: https://www.shoneekapoor.com

Contact No.: +91-8010850498

False 498A Factory Exposed in Court

A complaint under Section 498A of the Indian Penal Code (now Section 85 of the Bharatiya Nyaya Sanhita, 2023) regarding cruelty to a married woman can be filed in multiple jurisdictions, based on where the offence occurred or where the wife is residing after leaving her matrimonial home. [1, 2, 3]  Key jurisdictions for filing a 498A complaint include: • Matrimonial Home: The place where the…

Finding no income disparity or dependency, the Madhya Pradesh High Court dismissed the earning wife’s maintenance plea.

Are men being compelled to fight unnecessary litigation despite clear financial independence on the other side?

JABALPUR: In a recent judgment, Justice Vivek Jain of the Madhya Pradesh High Court dismissed a petition filed by the wife seeking interim maintenance under Section 24 of the Hindu Marriage Act, 1955. The case arose from a matrimonial dispute where the husband had already filed for divorce, and both parties had been living separately since June 2023.

The wife approached the Family Court seeking maintenance and litigation expenses. However, she herself admitted that she was earning around ₹20 lakh per year. Later, she tried to change her statement and claimed her income had reduced to ₹14.81 lakh annually. Despite this, the Court noted that even the reduced income translated to a monthly earning of approximately ₹1.25 lakh.

The Family Court had earlier rejected her application, observing that she had no other financial responsibilities and was capable of maintaining herself. When the matter reached the High Court, the Court carefully examined whether there was any legal error in that decision.

Read Also: Can a Section 498A IPC Case Be Filed If the Husband Lives in Canada? The Real Indian Legal Position for NRIs

The High Court found that there was no major difference in the financial status of both parties. Unlike other cases where maintenance is granted due to a large income gap, here both husband and wife were earning at comparable levels. Additionally, there was no child involved or any dependent responsibility on the wife.

The wife relied on a judgment of the Delhi High Court in Smt. Shikha Badhani vs. Shri Hemant Badhani, where maintenance was granted despite the wife earning ₹1.25 lakh per month. However, the Court clarified that the facts of that case were entirely different, as the husband in that matter was earning around ₹1.35 crore annually and there was also a child to maintain.

Rejecting the wife’s argument, the Court made a strong observation, stating that the present petition was

Read Also: India vs Canada Divorce: Which Court Has Jurisdiction, and Will India Recognise a Canadian Divorce?

“Nothing, but an attempt to extract a pound of flesh from the husband, which cannot be permitted.”

Based on these findings, the Court upheld the Family Court’s decision and dismissed the wife’s petition, clearly reinforcing that maintenance is not a right for financially independent spouses where no real need is established.

Explanatory Table: Laws And Provisions Involved

Case Details

Case Title: Smt. Neha Adlak vs. Rahul Kawadkar

Court: Madhya Pradesh High Court, Jabalpur Bench

Case Number: Misc. Petition No. 1928 of 2026

Bench: Justice Vivek Jain

Date of Judgment: 31 March 2026

Neutral Citation 2026:MPHC-JBP:25498

Counsel:

For Petitioner (Wife): Shri Rajesh Kumar Patel, Advocate

Key Takeaways

Maintenance is not automatic; a financially independent spouse cannot claim it without proving real need.

Courts are increasingly recognizing misuse of maintenance provisions as a pressure tactic in matrimonial disputes.

Comparable income between spouses weakens any claim for interim financial support.

Absence of children or dependents significantly reduces the justification for seeking maintenance.

Legal provisions meant for support cannot be used as tools for financial extraction during litigation.

Click Here to Download Judgment – Smt. Neha Adlak vs. Rahul Kawadkar

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Married in India, living in Canada, or fighting divorce across both countries? Here is the real legal position on jurisdiction, Section 13 CPC, Hindu Marriage Act, Canadian divorce law, and when a Canadian divorce is valid in India.

NEW DELHI: When an India-Canada marriage collapses, the first mistake most people make is asking:

“Can I get divorce in Canada?”

The real question is much sharper: which court will have effective jurisdiction, and will the other country recognise that decree?

In cross-border matrimonial litigation, a paper decree is not enough. If the decree is not recognised in India, you may be divorced in Canada and still treated as married in India.

For Indian marriages, the answer does not turn on slogans like “we now live abroad” or “the foreign court already granted divorce.” Indian courts examine the matrimonial law governing the marriage, the forum’s jurisdiction, the ground on which divorce was granted, whether the case was genuinely contested, and whether the foreign judgment survives the tests in Section 13 of the Code of Civil Procedure, 1908. If it fails those tests, India need not treat the foreign decree as conclusive.

THE SHORT LEGAL ANSWER

If the marriage is governed by Indian matrimonial law, a Canadian court’s divorce decree will generally be recognised in India only if the Canadian court assumed jurisdiction in a manner accepted by Indian law, and the divorce was granted on a ground that is also recognised under the law governing the marriage in India, or the respondent validly consented or effectively contested the matter within the narrow exceptions recognised by the Supreme Court.

That is the rule laid down in Y. Narasimha Rao v. Y. Venkata Lakshmi.

So the practical position is this:

A Canadian divorce can be valid in India.

A Canadian divorce is not automatically valid in India.

A Canadian decree based on a ground alien to the Indian matrimonial statute may fail in India.

That is the difference between legal strategy and false confidence.

WHY THE LAW BECOMES COMPLICATED IN INDIA-CANADA DIVORCE

Canada’s federal Divorce Act allows divorce on the ground of marriage breakdown, and that breakdown is established if the spouses have lived separate and apart for at least one year, or if there is adultery, or physical/mental cruelty. In practice, one-year separation is the standard pathway in Canadian divorce litigation.

Indian matrimonial statutes are different. Under the Hindu Marriage Act, 1955, divorce is governed by statutory grounds under Section 13, mutual consent under Section 13B, and jurisdiction under Section 19. The Act also applies to Hindus domiciled in the territories to which it extends even if they are outside India.

That single difference creates the battlefield. A Canadian decree granted merely because the parties lived apart for one year may fit Canadian law, but Indian recognition still depends on whether that decree passes the Indian test under Section 13 CPC and the Supreme Court’s rule in Narasimha Rao. A foreign decree granted on a ground not available under the matrimonial law governing the parties is vulnerable in India.

THE SUPREME COURT RULE EVERY NRI MUST UNDERSTAND

The most important Indian authority remains Y. Narasimha Rao v. Y. Venkata Lakshmi, where the Supreme Court held that for recognising a foreign matrimonial judgment in India, the jurisdiction assumed by the foreign court and the grounds on which relief is granted must be in accordance with the matrimonial law under which the parties were married.

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The Court then carved out limited exceptions: recognition may still follow where the respondent is domiciled or habitually and permanently resident in that forum and relief is granted on a ground available under the parties’ matrimonial law; or where the respondent voluntarily and effectively submits to that forum and contests a claim based on a ground available under that law; or where the respondent consents to the relief.

That is the real courtroom principle. Not “foreign decree equals finality.” Not “NRI status changes everything.” The legal test is narrower and far more disciplined.

SECTION 13 CPC: THE GATE THROUGH WHICH EVERY FOREIGN DIVORCE MUST PASS

Section 13 CPC says a foreign judgment is conclusive between the parties except where it falls within the listed exceptions, including lack of competent jurisdiction, absence of merits, incorrect view of international law or refusal to recognise Indian law where applicable, breach of natural justice, fraud, or a claim founded on breach of Indian law.

In matrimonial cases, those exceptions are not decorative. They do real work. If one spouse obtains an ex parte Canadian decree without real contest, or secures relief on a ground Indian law does not accept for that marriage, or manufactures jurisdictional facts, recognition in India becomes contestable. That is exactly why foreign divorce litigation involving Indians so often produces a second round of litigation in India.

WHAT HAPPENS IF THE MARRIAGE WAS UNDER HINDU MARRIAGE ACT?

If the parties are Hindus and the marriage is governed by the Hindu Marriage Act, Indian courts will usually examine three things first:

whether the Canadian court was a forum Indian law would treat as competent in the circumstances,

whether the ground for divorce aligns with HMA-recognised grounds, and

whether the respondent truly submitted to or consented to that process.

This is where many NRI litigants walk into avoidable damage. They assume that appearing through counsel in Canada, or signing procedural papers without careful reservation, has no recognition consequence in India. That assumption can be costly. The Supreme Court’s language is not casual: it refers to the respondent voluntarily and effectively submitting and contesting, or consenting to relief.

WHAT IF THE MARRIAGE WAS UNDER THE SPECIAL MARRIAGE ACT?

The Special Marriage Act, 1954 has its own divorce and jurisdiction framework. Divorce is governed by Section 27, mutual consent by Section 28, and territorial jurisdiction by Section 31. As with Hindu marriages, a foreign decree still faces Indian recognition scrutiny through Section 13 CPC if enforcement or status recognition is later questioned in India.

So if the marriage was registered under the Special Marriage Act, changing the country of residence does not erase the Indian statutory framework. It simply adds a foreign forum to the conflict-of-laws problem.

WHAT IF BOTH PARTIES ARE ALREADY SETTLED IN CANADA?

This is where the answer becomes fact-sensitive rather than ideological. If both spouses are permanently settled in Canada, actively litigate there, and the respondent genuinely contests or clearly consents, the foreign decree stands on stronger ground for Indian recognition.

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The Supreme Court in Dinesh Singh Thakur v. Sonal Thakur also refused anti-suit relief on the facts before it, noting that both parties were permanent U.S. citizens, that the foreign court had concurrent jurisdiction on the facts of that case, and that the foreign proceeding could not automatically be presumed oppressive or vexatious.

But even there, the Supreme Court did not say that every foreign decree automatically binds India. In fact, the same judgment reiterated the Narasimha Rao rule and noted that the husband could resist execution in India on available legal grounds if needed.

That distinction matters. A foreign forum may proceed. Recognition in India is still a separate legal question.

WHAT ABOUT A CANADIAN DIVORCE BASED ON ONE-YEAR SEPARATION?

This is one of the most dangerous areas for bad advice. Under Canada’s Divorce Act, one year’s separate living establishes “marriage breakdown.”

Under Indian law, however, “irretrievable breakdown” is not a general statutory ground available to ordinary matrimonial courts under the Hindu Marriage Act, and the Supreme Court in Narasimha Rao specifically treated a foreign decree founded on a ground not recognised by the governing Indian matrimonial law as unenforceable under the Section 13 CPC framework.

That means a Canadian decree based purely on a no-fault separation framework may still face challenge in India if the marriage is governed by a statute that does not recognise that route in the same way and the case does not fit the recognised exceptions.

EX PARTE CANADIAN DIVORCE? THAT IS WHERE MANY DECREES COLLAPSE IN INDIA

An ex parte foreign divorce is not automatically worthless, but it is far more vulnerable. Indian courts look closely at whether the respondent had real notice, a real opportunity to contest, and whether the matter was decided on merits.

Section 13 CPC expressly withholds conclusiveness from foreign judgments that were not on the merits, violated natural justice, or were procured by fraud.

The older Supreme Court decision in Satya v. Teja Singh is still important here. The Court refused recognition where jurisdictional facts were falsely projected before the foreign court. That case remains a warning against manufactured domicile or residence narratives used to obtain quick foreign decrees.

CAN AN INDIAN COURT STOP A CANADA DIVORCE CASE?

Sometimes parties seek anti-suit injunctions in India to restrain foreign matrimonial proceedings. Indian courts do have that power in appropriate cases, but the Supreme Court has repeatedly said it is a discretionary, equitable, and sparingly used remedy.

In Dinesh Singh Thakur, the Court restated that anti-suit injunctions should be granted cautiously, with due regard to personal jurisdiction, justice, and comity of courts.

Delhi High Court’s Harmeeta Singh v. Rajat Taneja is often cited in this area, especially where the marriage was under Hindu law and the foreign proceeding was seen as unfairly forcing the wife into distant litigation after a short overseas stay.

So yes, an Indian anti-suit strategy is possible. But it is not automatic, and not every foreign proceeding will be injuncted.

DOES CANADIAN DIVORCE ALSO DECIDE ALIMONY, CHILD CUSTODY, AND PROPERTY FOR INDIA?

Not necessarily in a manner that ends all Indian disputes. Canadian courts can pass corollary relief orders, including support and parenting orders, under Canadian law.

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But where parties have assets, children, residence claims, or enforcement questions tied to India, separate recognition and enforceability questions may still arise. Cross-border divorce is often not one case but a cluster of proceedings: status, maintenance, custody, property, enforcement, and sometimes criminal litigation.

That is why “I already got divorce abroad” is often only the beginning of the Indian legal battle, not the end of it.

THE REAL LEGAL POSITION: WHICH JURISDICTION APPLIES?

The truthful answer is:

Both can apply in different ways, but not with equal effect. Canada may be a competent forum to grant divorce under Canadian law if statutory residence and forum requirements are met there. India may still examine whether that Canadian decree changes marital status for Indian legal purposes. And if the marriage is governed by Indian matrimonial law, India will apply Section 13 CPC and the Supreme Court’s foreign-divorce jurisprudence before giving that decree full effect. So the real winner is not the country where someone files first. The real winner is the side whose forum, grounds, evidence, and procedural posture survive recognition scrutiny.

Practical Situations Where Canada Divorce Is More Likely to Be Respected in India A Canadian decree stands on stronger footing in India where the facts show one of the recognised safe routes: clear mutual consent, clear consent to relief, genuine contest by the respondent in the foreign forum, or a decree resting on a ground accepted under the matrimonial law governing the parties. A decree is riskier where it is ex parte, rushed, based purely on foreign no-fault separation logic without Indian-law alignment, built on doubtful residence claims, or obtained while parallel Indian proceedings are already live and jurisdiction is disputed.

MY CLEAR VIEW

In India-vs-Canada divorce litigation, the question is not “Where can I file fastest?” The real question is: Which decree will survive attack later? That is where most bad strategy is exposed.

A Canadian decree may be enough for Canadian status purposes. But if the parties married under Indian law and have Indian legal exposure, you must analyse recognition in India before you celebrate finality. Otherwise, remarriage, property, inheritance, maintenance, child issues, and even criminal litigation may reopen the matter.

In cross-border marriage disputes, speed without jurisdiction is not strategy. It is self-inflicted litigation.

FAQs

Is a Canadian divorce automatically valid in India?

No. India tests the decree under Section 13 CPC and the Supreme Court’s rule in Y. Narasimha Rao.

If we lived in Canada, does Canadian court alone get jurisdiction?

No. Canada may have jurisdiction to grant divorce there, but India can still separately decide whether to recognise that decree for Indian legal purposes.

Is one-year separation in Canada always enough for India too?

No. That may satisfy Canadian divorce law, but Indian recognition depends on the governing matrimonial law and Section 13 CPC.

Will an ex parte Canadian divorce protect me in India?

Not safely. Ex parte foreign decrees are more open to challenge on merits, natural justice, fraud, and jurisdiction grounds.

What is the safest route in India-Canada divorce?

A properly structured mutual-consent or genuinely contested decree aligned with the governing matrimonial law is far safer than a one-sided foreign shortcut.

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