Allahabad High Court Annual Family Law Digest 2023

LiveLaw brings to you Allahabad High Court Digest on Family law cases from the year 2023.'Muslim Women Act' 1986| Divorced Muslim Wife Entitled To Maintenance Beyond Iddat Period, Until She Re-Marries: Allahabad HC Case title - Zahid Khatoon vs. Nurul Haque Khan [FIRST APPEAL No. - 787 of 2022] Case Citation: 2023 LiveLaw (AB) 5 The Allahabad High Court has observed that as per Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is entitled to receive maintenance from her former husband not just till the completion of the 'Iddat' period, but for the rest of her life until she remarries. The bench of Justice Surya Prakash Kesarwani and Justice Mohd. Azhar Husain Idrisi observed thus while setting aside an order of the family court wherein a divorced Muslim woman was found entitled to maintenance only for the period of iddat. Object Of Maintenance Proceedings Isn't To Punish Husband For His Past Neglect But To Prevent Destitution Of Deserted Wife: Allahabad HC Case title - Bitola @ Rinku vs. State Of U.P. And Another [CRIMINAL REVISION No. - 811 of 2022] Case Citation: 2023 LiveLaw (AB) 53 The Allahabad High Court set aside an order of the Family Court rejecting the application of one Bitola (revisionist/wife) seeking maintenance from her Husband on the ground that she is staying away from her husband without any sufficient reason. The bench of Justice Raj Beer Singh observed that the Family Court conducted the proceedings without being alive to the objects and reasons and the spirit of the provisions under Section 125 of CrPC and disregarded the basic canon of law that it is the sacrosanct duty of the husband to provide financial support to the wife, who is unable to maintain herself. Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC Even After 'Iddat' Period Until She Remarries: Allahabad HC Case title - Shakila Khatun vs. State of U.P. and Another [CRIMINAL REVISION No. - 3573 of 2021] Case Citation: 2023 LiveLaw (AB) 77 The Allahabad High Court has observed that a divorced Muslim woman is entitled to claim maintenance under Section 125 CrPC even for the period after iddat and for her whole life unless she is disqualified for the reasons such as marriage with someone else. While observing thus, the bench of Justice Raj Beer Singh set aside an order of the Family Court whereby the plea filed by one Shakila Khatun, a divorcee, under Section 125 CrPC was dismissed by holding that a divorced Muslim woman is not entitled to maintenance under Section 125 Cr.P.C Woman Entitled To Maternity Leave Even After Birth Of Child As Per Maternity Benefit Act 1961: Allahabad High Court Case title - Saroj Kumari vs. State Of U.P. And 5 Others [WRIT - A No. - 2211 of 2023] Case Citation: 2023 LiveLaw (AB) 100 The Allahabad High Court observed that the provisions of the Maternity Benefit Act 1961 allowing for the grant of benefits to a woman would be applicable even after the birth of the child. The bench of Justice Ashutosh Srivastava also opined that a woman can avail of maternity leave even after the birth of the child and such benefit can even be extended in a case of legal adoption of a child or less than three months. Subjecting Woman To Occult Rituals To Treat Her Infertility A 'Curse For Society', It Is Mindset Of Stone Age: Allahabad High Court Case title - Durvesh vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 3215 of 2023] Case Citation: 2023 LiveLaw (AB) 126 The Allahabad High Court recently called it a curse for a society that women are still subjected to occult (तांत्रिक) rituals to treat their infertility even before ascertaining that it might be a case of male infertility. The bench of Justice Saurabh Shyam Shamshery observed thus while denying bail to an accused who, along with his family members, has been accused of giving repeated burn injuries to her bhabhi (brother's wife) purportedly on the directions of an occultist so as to treat her infertility. "The mindset of applicant and co-accused who still believe in occultism to be a cure of female infertility even before ascertaining that it might be a case of male infertility, is of persons living in stone age and not in 21st Century, where science as developed to such extent that even infertility (of male or of female) may be medically cured, therefore, there is absolutely no case of bail at this stage," the Court observed. Trial Court Not Barred From Granting Maintenance From Date Of Order If Reasons Exist For Doing So: Allahabad High Court Case title - Ranjeeta @ Ravita vs. State of U.P. and Another [CRIMINAL REVISION No. - 1165 of 2023] Case Citation: 2023 LiveLaw (AB) 149 The Allahabad High Court has observed that the Apex Court's ruling in the case of Rajnesh v. Neha and another, (2021) 2 SCC 324 has not completely blocked the discretionary...

Allahabad High Court Annual Family Law Digest 2023

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