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Calcutta HC: No Obligation of Muslim Father-in-law to Maintain his Sons Widow under Domestic Violence Act

Muslim father in law has been exempted by the High Court of calcutta stating that he has no legal obligation to maintain his widowed daughter-in-law.
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Muslim father in law has been exempted by the High Court of calcutta stating that he has no legal obligation to maintain his widowed daughter-in-law.

Ms. Shabnam Praveen approached the court to seek maintenance from her father-in-law on the ground that the after her husband’s death, the family business is being handled by her father-in-law.

Justice Md. Mumtaz Khan noted that the Section 36 of the Protection of Women from Domestic Violence Act clearly lay down that the provisions of the act should add to and not be derogatory to the any other law enforced. The Court was of opinion that since both the parties of to the case are muslims so they per personal law will supersede and the matter will be decided by applicability of their personal laws. 

It was held by the court that in the case of Mrs Nandita Sarkar Nee Sen the provision of the Hindu Adoption and Maintenance Act were also taken in consideration vis-a-vis the Domestic Violence Act because the parties in that case were hindus but because both the parties in the instant case are muslims and thus their personal law will be applicable and the muslim law does not put any obligation on the father-in-law to maintain his daughter-in-law after his son’s death.

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Reviewed by:
Mehak Sharma
Published on 27-Nov-2017
505 views

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