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Muslim Father-In-Law Under No Obligation To Maintain Son’s Widow Under DV Act!

Muslim Father-In-Law Under No Obligation To Maintain Son’s Widow Under DV Act!

Shabnam Parveen vs The State of West Bengal & Ors

Calcutta HC

24/11/2017

CRR No. 979 of 2017

About/from the judgment:

Muslim Father-In-Law Under No Obligation To Maintain Son’s Widow Under DV Act!

 

Section 36 of the PWDV Act, 2005 provides that the provisions of that Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force. In the decision of Mrs. Nanadita Sarkar Nee Sen (Supra), the concept of Hindu Adoption and Maintenance Act, 1956 was taken into consideration vis a vis the provisions of PWDV Act, 2005. In the case in hand both parties are Mohammedan and as such under the Muhamadan Law, opposite party no.2, being father-in-law, is under no obligation to provide maintain allowance to the widow of his son namely the petitioner.

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