Allahabad HC: Article 21 Protection Cannot Be Denied Over Disputed or Void Nikah Between Consenting Adults

The Allahabad High Court has held that the fundamental right to life and personal liberty under Article 21 of the Constitution stands “on a much higher pedestal” and must be protected “regardless of the solemnization of an invalid or a void marriage/nikah or even the absence of any marriage/nikah between the parties.” The Court further … Read more

Malice must be established before prosecuting criminal defamation: Allahabad High Court

The Allahabad High Court, while hearing a criminal defamation matter, has observed that mere publication of a news report or filing complaints on the Chief Minister’s and Prime Minister’s portals would not by itself constitute criminal defamation unless it is clearly established that the complaints were malicious and intended solely to damage a person’s reputation. … Read more

Court Grants Custody Of Infant To Mother, Says Child Welfare Is Paramount: Allahabad High Court

The Allahabad High Court has observed that while deciding the custody of a minor child, the welfare of the child must outweigh every other consideration, especially when the child is of such a tender age that he remains emotionally and physically dependent on his mother. Acting on this principle, the Court directed a Jaunpur-based police … Read more

Court Holds UP Government And Police Primarily Responsible For Mounting Criminal Case Pendency: Allahabad High Court

The Allahabad High Court has delivered a sharp indictment of the systemic failures behind the mounting pendency of criminal cases in Uttar Pradesh, observing that district courts are being unfairly blamed even though the “State Government as well as Police who are mainly responsible….” for delays caused by staff shortages, non-execution of court processes, and … Read more

Court Grants Father Right To Keep Minor Daughter During Vacations, Emphasizes Child’s Need For Both Parents: Allahabad High Court

The Allahabad High Court has observed that the balanced and complete development of a minor child requires the love, care, and companionship of both parents, and that a father cannot be deprived of access to the child merely because the child ordinarily lives with the mother. Proceeding on this principle, the Court granted the father … Read more

Court Bars Routine DNA Tests, Upholds Presumption of Legitimacy in Paternity Disputes: Allahabad High Court

In a recent ruling, the Allahabad High Court made it clear that courts shouldn’t just order DNA tests on a whim to settle paternity disputes. When a child is born to a legally married couple, the law automatically considers the child legitimate. The judges pointed out that vague suspicions or simple accusations aren’t enough to … Read more

Court Stays RTE-Based Teacher Redeployment; Orders Ground Verification: Allahabad High Court

The Allahabad High Court has, while massively intervening in the controversy surrounding the redeployment of teachers in Basic Education Council schools, imposed an interim stay on the process. Raising serious red flags over inaccurate data, the Court ordered a complete ground-level verification to ensure the sweeping reshuffle under the Right to Education (RTE) Act doesn’t … Read more

Allahabad High Court Strikes Down Online-Only RTE Admissions, Upholds Access for Disadvantaged Children

The Allahabad High Court, in a significant ruling, has struck down the State’s arbitrary refusal to accept manual applications for admissions under the Right of Children to Free and Compulsory Education Act, 2009. Emphasizing the constitutional mandate of free and compulsory education, the Court found that an exclusively online process cannot act as a barrier … Read more

A father cannot be deprived of his status as natural guardian: Allahabad High Court

The Allahabad High Court stepped in to reunite a father with his 13-month-old infant in an emotional child custody dispute. The Court held that a father cannot be deprived of his status as natural guardian merely because the child’s mother tragically died during a medical procedure. The Court observed that, “The mere fact that the … Read more

Acquittal Not a Ground for Reinstatement in service; Termination order upheld: Allahabad High Court

The Allahabad High Court, in a significant ruling on service jurisprudence, has clarified that an acquittal in a criminal case does not automatically guarantee a police officer’s reinstatement in service. The Court highlighted that criminal trials and departmental proceedings operate on entirely different standards of proof. The Court observed that, “A departmental proceeding is different … Read more