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Showing contexts for: faskh in Putul Rabidas vs Eastern Coalfields Ltd. & Ors on 13 September, 2017Matching Fragments
19. The submissions which Mr. Sinha had advanced referring to other provisions of law have been aptly summarised by the learned Judge in paragraph 33 of the said judgment and we can do no better than extract the same for comprehending the exact point sought to be canvassed by him. Paragraph 33 reads as follows:
"33. Though, strictly speaking, ECL may not be required to justify the relevant clause in NCWA-VI, an erudite endeavour is made to demonstrate why a divorcee daughter may have been excluded from the provision and why the case of a divorcee daughter cannot be equated with that of an unmarried daughter. Section 21 of the Hindu Adoptions and Maintenance Act, 1956 is first placed to demonstrate the classes of persons regarded as dependants thereunder. The Hindu Marriage Act, 1955 is next placed for the distinction between a void marriage and a voidable marriage recognised in Sections 11 and 12 thereof and the provision for dissolution of marriage by a decree of divorce as provided in Section 13 thereof. Similar provisions have been placed from the Indian Divorce Act, 1869 that applies to Christians, the Parsi Marriage and Divorce Act, 1936 and the Special Marriage Act, 1954. ECL also refers to the distinction between faskh and talaq in the Muslim personal law. The submission is that upon the daughter of a workman covered by the NCWA obtaining a decree for divorce, her status does not revert to that of an unmarried daughter dependent on the father or mother; that an intelligible differentiation is possible between an unmarried daughter and a divorcee daughter; and, such distinction must, per force, be discovered in the relevant clause. ECL has also referred to the express inclusion of divorcee daughters in Rule 54 of the Central Civil Service (Pension) Rules, 1972 and in Section 14K of the West Bengal Land Reforms Act, 1955 to submit that when a divorcee daughter is provided for or included for the conferment of a benefit, there would be a specific reference in such regard."