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)...

Allahabad High Court Summons Husband's ITRs To Determine Income, Remands Matter To Trial Court To Decide DV Case

Recently, the Allahabad High Court summoned the income tax returns of a woman's husband for ascertaining his income.In proceedings under the Domestic Violence Act, the wife-applicant had filed an application seeking production of the income tax returns of the husband as he had disputed being an architect and claimed to be a labour. The Trial Court rejected the application under Section 91 of...

Wife Absolute Owner Of 'Streedhan'; Husband May Use But Has Obligation To Restore It: Allahabad HC Quashes 406 IPC Case Against Wife

The Allahabad High Court has observed that a woman is the absolute owner of her 'streedhan' property and a legally wedded wife can't face a criminal trial for alleged breach of trust under Section 406 IPC for allegedly taking it away. A bench of Justice Chawan Prakash observed that properties given to a woman before, at the time of, or after marriage constitute her 'streedhan' and do...

Hindu Husband's Obligation To Maintain Wife Attaches Even After Death; Widow Can Claim From Father-In-Law: Allahabad HC

The Allahabad High Court has observed that a husband's obligation to maintain his wife continues even after his death, and the widow can claim maintenance from her father-in-law. "It is well settled that a husband is obliged to maintain his wife. This position has emanated from situations, where the spouses have separated and the wife has sought for maintenance, either on the...

COVID Death Must Be Backed By Test Report Or Certificate For Seeking Compensation: Allahabad High Court

The Allahabad High Court has held that for seeking compensation due to death COVID-19, it is necessary to produce the test reports which prove that the deceased had COVID-19 or a death certificate which records that the deceased died due to COVID-19 infection. While rejecting a claim for compensation for death due to COVID-19 allegedly contracted while on election duty, the bench of Justice...

Allahabad High Court Upholds Eviction Order Against Mosque Built On Govt Land, But Quashes Penalty Under Revenue Code

Recently, while holding that the mosque in question was illegally constructed on the Gram Sabah land which was recorded as 'Khalihan' in the revenue records, the Allahabad High Court removed penalty imposed under U.P. Revenue Code, 2006 against the present mosque occupants as there was no material to link them to the construction of the mosque and did not have any title, right or interest in...