Can I get a divorce in Delhi if my spouse lives abroad?
Yes. Video conferencing and digital service through WhatsApp or email can be used, and service on a foreign spouse can be advanced through Hague Convention processes or other authorized digital modes where permitted.
What is digital cruelty in 2026?
The Delhi High Court increasingly recognizes cyber-stalking, unauthorized account access, persistent surveillance, and similar forms of electronic abuse as grounds supporting claims of mental cruelty.
Is a pre-nuptial agreement valid in India?
While a pre-nuptial agreement is not strictly enforceable like a standard contract in every matrimonial context, it can operate as a persuasive memorandum of understanding when courts assess maintenance and property settlements.
Can Section 498A or Section 85 BNS proceedings be quashed?
Yes. Where the FIR is based on vague and omnibus allegations, particularly against distant relatives, a Section 528 BNSS quashing petition before the Delhi High Court may be the appropriate remedy.
What is the irretrievable breakdown of marriage rule in 2026?
It is not yet a codified statutory ground under the Hindu Marriage Act, but the Supreme Court can grant divorce under Article 142 where the marriage is effectively beyond repair and the parties have lived separately for a significant period.
Can a Zero FIR be filed for domestic violence or dowry harassment?
Yes. Under the BNSS framework, a woman can approach a police station even outside the place of occurrence, which is especially important where she has returned to her parental home and needs immediate legal protection.
How has the definition of cruelty changed under Section 86 of the BNS?
The BNS framework continues to cover conduct likely to drive a woman to suicide or cause grave mental or physical injury, and recent litigation strategy increasingly includes digital abuse such as hacking, monitoring, and persistent GPS tracking within that analysis.
How does the court calculate maintenance in 2026?
Courts increasingly rely on mandatory income and assets affidavits and assess maintenance against the marital standard of living, actual earning capacity, and the financial disclosures required in modern family litigation.
Is a widowed daughter-in-law entitled to maintenance from her father-in-law?
This question can depend on the governing personal law, the estate position, and the precise relief sought, but current litigation trends continue to examine whether maintenance may be drawn from the estate where the widow cannot maintain herself.
Can a husband claim maintenance from his wife in 2026?
Yes, in appropriate circumstances under Section 24 of the Hindu Marriage Act, particularly where the husband is genuinely unable to earn and the wife has independent means.
At what age can a child choose which parent to live with in India?
There is no fixed age. Courts may give increasing weight to a child's preference once the child is mature enough to express a reasoned view, often around 9 to 10 years and above.
Does the mother automatically get custody of a child under 5?
Ordinarily the mother is favored for a child below 5 years, but the welfare of the child remains paramount and courts can depart from that position where safety or stability concerns are established.
What is a parenting plan in 2026?
A parenting plan is a detailed custody and visitation framework dealing with school schedules, holidays, medical decisions, travel, and digital communication so future conflict is reduced and shared parenting can function in practice.
Are WhatsApp chats and voice notes admissible in divorce cases?
Yes, but electronic records should comply with the Bharatiya Sakshya Adhiniyam, 2023, including the Section 63 BSA certification requirements and proper proof of integrity.
What is the notice of appearance under Section 35 BNSS?
It is the procedural notice used in appropriate cases in lieu of immediate arrest, requiring the person concerned to join the investigation. Compliance failures can materially affect bail strategy and challenges to arrest.
