Maintenance A Recurring Entitlement; Wife Can Revive Old S. 125 CrPC Plea If Husband Breaches Settlement: Allahabad High Court

The Allahabad High Court recently observed that if a husband breaches the terms of a mediation settlement, the wife is not required to file a fresh maintenance plea as she can pursue earlier initiated proceedings. The High Court stressed that the right to maintenance is not a one-time bounty but an ambulatory, recurring entitlement which crystallises afresh upon each breach...

Man In Continuous Custody Since May 2025 Over Unpaid Maintenance? Allahabad High Court Seeks Family Court's Explanation

The Allahabad High Court has sought an explanation from the Family Court in Mathura regarding the man's continued imprisonment for failing to pay maintenance. The man has allegedly remained in custody since May 23, 2025. A bench of Justice Praveen Kumar Giri sought the explanation while hearing a criminal revision petition filed by one Prem Singh, who challenged a January 9, 2026,...

Bareilly Namaz Row | State Can Act If Peace Threatened: Allahabad High Court Holds Man To Undertaking Against Large Gatherings

In a significant development in the case of a Muslim man who was earlier granted 24/7 security after allegedly being stopped from offering Namaz inside his private house, the Allahabad High Court on March 25 asked him not to hold large gatherings. The Court has also asked the State authorities to take action if public peace and tranquillity are threatened due to such large gatherings....

Challenge To Ex-Parte Interim Maintenance Order Confined To Proving Absence Of Service, Can't Argue On Merits: Allahabad HC

The Allahabad High Court has observed that a party challenging an ex-parte interim order passed in maintenance proceedings cannot argue on merits and that the scope of challenge is strictly confined to demonstrating the absence of service or a sufficient cause for non-appearance. A bench of Justice Garima Prashad passed the order while dismissing a criminal revision petition filed by...

Allahabad High Court Monthly Digest: March 2026

[NOMINAL INDEX PROVIDED AT THE BOTTOM] 'No Respect For Law': Allahabad High Court Slams UP Cops Over SC Arrest Guideline Violations & 20+ Hour Delay In Releasing Accused Case title - Sachin Arya @ Sachin Bhartiya And Another vs. State Of Uttar Pradesh And 4 Others 2026 LiveLaw (AB) 97 Case citation : 2026 LiveLaw (AB) 97 The Allahabad High Court slammed the UP...

UP Govt Servant (Medical Attendance) Rules | Legal Heirs Can Claim Medical Expenses If Beneficiary Dies: Allahabad High Court

The Allahabad High Court has recently, read down Rule 16 of the Uttar Pradesh Government Servant (Medical Attendance) Rules, 2011 to include legal heirs of the beneficiary for raising claims for medical compensation in case the beneficiary is incapacitated from submitting the same. The bench of Justice Alok Mathur and Justice Amitabh Kumar Rai held,“…applying the principles of 'reading...

Earning Mother Need Not Be Impleaded In Child Maintenance Claim Against Father But Court Must Assess Joint Income: Allahabad HC

The Allahabad High Court has observed that an earning mother need not be formally impleaded as a party in a maintenance plea filed by a child against her/his father. A bench of Justice Madan Pal Singh, however, directed that in such cases, the trial court must consider the financial capacity of both earning parents while determining the final maintenance amount based on the principle...

Talaq Takes Effect From Date Of Pronouncement, Subsequent Court Decree Merely Declaratory In Nature: Allahabad High Court

The Allahabad High Court has observed that under Mohammedan Law, a divorce takes effect from the date a husband pronounces talaq and a subsequent court decree confirming it is merely declaratory in nature. A bench of Justice Madan Pal Singh clarified that such a court decree does not create a fresh divorce from the date of the judgment, but rather, it relates back to the original date...

Wife's Professional Competence, Earning Potential Can't Be Ignored While Deciding Maintenance: Allahabad High Court

The Allahabad High Court has observed that maintenance can't be granted, ignoring the professional competence and earning potential of the wife-claimant. A bench of Justice Madan Pal Singh thus reduced the monthly maintenance awarded to a wife under Section 125 CrPC, taking into account the wife's professional qualifications and past employment as a radiologist The...

Legal Aid Or At Least Hearing Mandatory Before Framing Charges Against Accused In Custody: Allahabad High Court

Recently, the Allahabad High Court has held that when the accused is in judicial custody, he/she must be provided a legal counsel by the Trial Court for filing discharge application and if the accused refuses such counsel, then a hearing must be afforded on question of framing of issues with assistance of a legal counsel. Referring to Sections 262 and 263 of BNSS, Justice Ram Manohar...

Transfer Of Maintenance Proceedings From Family Court To Gram Nyayalaya Valid: Allahabad High Court

The Allahabad High Court has upheld the transfer of maintenance proceedings from Family Court to the Gram Nyayalayas under Section 16 of the Gram Nyayalayas Act, 2008. Observing that the provisions, under which the order of the transfer of maintenance proceedings from Family Court to Gram Nyayalaya was passed, were not challenged, the bench of Justice Ajit Kumar and Justice Swarupama...

Allahabad High Court Weekly Round-Up: March 23 To March 29, 2026

NOMINAL INDEX Shailesh Kumar Yadav Ips vs. Union Of India And Others 2026 LiveLaw (AB) 127 State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Deptt. U.P. Govt. Lko And Another vs. Anshul Jagannath 2026 LiveLaw (AB) 128 Lakshmi And 10 Others Versus State of U.P. and others 2026 LiveLaw (AB) 129 Bihari Lal vs. State Of U.P. And 4 Others 2026 LiveLaw (AB)...