Second maternity leave cannot be denied on two-year gap: Allahabad High Court

The Allahabad High Court ruled on Tuesday that second maternity leave cannot be denied on the ground of a two-year gap between children. Justice Karunesh Singh Pawar delivered the judgment in Manisha Yadav's case.

The Allahabad High Court stated that the Maternity Benefit Act, a law enacted by Parliament, would prevail over any executive instructions or provisions in the financial handbook.

In case of inconsistency, the provisions of the Act would have an overriding effect, the court said, referring to earlier rulings. Justice Karunesh Singh Pawar, sitting singly, disposed of Manisha Yadav's petition with these directions.

The ruling strengthens maternity entitlements for government employees, particularly regarding leave for a second child.

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Illustration depicting women officers celebrating Supreme Court order for permanent commissions and pensions.
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Supreme Court orders permanent commission, pensions for women officers

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The Supreme Court on Tuesday directed the armed forces to grant permanent commission to eligible women officers and ordered full pension benefits for those already released, treating them as having completed 20 years of qualifying service. Pensions will be fixed accordingly, with arrears payable from January 1, 2025.

The Allahabad High Court has set aside a Prayagraj family court order denying maintenance to a woman from her second husband because she remarried before her first husband's talaq was declared valid by a court. Justice Madan Pal Singh's single bench ruled that under Mohammedan Law, talaq takes effect from the date of pronouncement.

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The Lucknow bench of the Allahabad high court has ruled that lok adalats and district legal services authorities lack the power to grant divorce decrees. The authority to dissolve marriages rests exclusively with family courts.

The Supreme Court has quashed a criminal case pending trial in Prayagraj since 1991, stressing that quick justice is essential under Article 21 of the Constitution.

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The Maharashtra government is set to review its recent policy barring reserved category candidates who avail relaxations from competing for open category posts. Chief Minister Devendra Fadnavis directed the cabinet decision to the Advocate General for legal scrutiny after objections by Shiv Sena minister Sanjay Rathod. The review follows concerns over potential conflicts with Supreme Court rulings.

The Indore bench of the Madhya Pradesh High Court on Tuesday reserved its order in the Bhojshala case after hearing arguments over the religious character of the disputed site in Dhar.

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Kenya's Court of Appeal has ruled that abortion is not a fundamental right under the constitution, overturning a 2022 High Court decision. A three-judge bench in Malindi permitted terminations only when a qualified doctor determines a serious risk to the expectant mother's life.

 

 

 

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