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    Coram: Nishita Mhatre, Actg. C.J., Tapabrata Chakraborty and Dipankar Datta, JJ. Relevant Para: para 58, 35

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    Tanima Sood
    The document summarizes two court cases related to benefits for unmarried daughters. The first case from the Calcuta High Court established that a woman who was divorced regains her status as an unmarried daughter and is eligible for related benefits. The second case from the Allahabad High Court found it was discriminatory for the state to deny compassionate appointment benefits to daughters based on their marital status, as marriage does not sever the relationship between parents and children. The court ruled excluding married daughters from the definition of "family" violated constitutional rights to equality and non-discrimination.

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    Coram: Nishita Mhatre, Actg. C.J., Tapabrata Chakraborty and Dipankar Datta, JJ. Relevant Para: para 58, 35

    Uploaded by

    Tanima Sood
    24 views1 page
    The document summarizes two court cases related to benefits for unmarried daughters. The first case from the Calcuta High Court established that a woman who was divorced regains her status as an unmarried daughter and is eligible for related benefits. The second case from the Allahabad High Court found it was discriminatory for the state to deny compassionate appointment benefits to daughters based on their marital status, as marriage does not sever the relationship between parents and children. The court ruled excluding married daughters from the definition of "family" violated constitutional rights to equality and non-discrimination.

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    The document summarizes two court cases related to benefits for unmarried daughters. The first case from the Calcuta High Court established that a woman who was divorced regains her status as an unmarried daughter and is eligible for related benefits. The second case from the Allahabad High Court found it was discriminatory for the state to deny compassionate appointment benefits to daughters based on their marital status, as marriage does not sever the relationship between parents and children. The court ruled excluding married daughters from the definition of "family" violated constitutional rights to equality and non-discrimination.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views1 page

    Coram: Nishita Mhatre, Actg. C.J., Tapabrata Chakraborty and Dipankar Datta, JJ. Relevant Para: para 58, 35

    Uploaded by

    Tanima Sood
    The document summarizes two court cases related to benefits for unmarried daughters. The first case from the Calcuta High Court established that a woman who was divorced regains her status as an unmarried daughter and is eligible for related benefits. The second case from the Allahabad High Court found it was discriminatory for the state to deny compassionate appointment benefits to daughters based on their marital status, as marriage does not sever the relationship between parents and children. The court ruled excluding married daughters from the definition of "family" violated constitutional rights to equality and non-discrimination.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Calcuta High Court

    Putul Rabidas and ors. vs. Eastern Coalfields Ltd. and Ors. 2018(2)C LJ(C AL)1

    Coram: Nishita Mhatre, Actg. C.J., Tapabrata Chakraborty and Dipankar Datta, JJ.

    Relevant Para: Para 58, 35

    Merely because she was married once and had gone out of the family but was thereafter
    divorced would not deprive her of her status as an 'unmarried daughter'. In fact, she gets back
    the status of unmarried daughter the moment she is divorced and her marriage was terminated
    by a valid decree of divorce or as per the customary law.

    Allahabad High Court

    Vimla Srvastava and Ors. Vs. State of U.P. and Ors. 2016(1) ALJ 678,

    Coram: Dr. D.Y. Chandrachud, C.J. and Yashwant Varma, J.

    Relevant Paras: 11, 12, 16

    it is discriminatory for State to use marriage as rationale for practicing act of hostile
    discrimination by denying benefits to daughter, when equivalent benefits were granted to son
    in terms of compassionate appointment. Marriage does not determine continuance of
    relationship of child. Marriage does not bring about severance of relationship between father
    and mother and their son or between parents and their daughter. These relationships are not
    governed by marital status Marriage cannot be regarded as justifiable ground to define and
    exclude from who constitutes member of family. When State has adopted social welfare
    policy which was grounded on dependency. Hence, excluding daughters from ambit of
    expression "family" under Rules 2 (c) of Rules on ground of marriage would constitute
    impermissible discrimination and in violation of Articles 14 and 15 of Constitution .

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