Tag: Allahabad High Court

Gyanvapi mosque

Gyanvapi: SC Refuses Stay Allowing Puja In Vyas Tehkhana

By LokMarg

The Supreme Court on Monday refused to stay the Allahabad High Court order, which had upheld the Varanasi district court’s order allowing Hindus to perform prayers of deities inside the ‘Vyas Tehkhana’, southern celler of Gyanvapi mosque.

A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra ordered the Hindu and Muslim sides to maintain the status quo at the Gyanvapi premises to enable both communities to offer ‘puja’ and ‘namaz’.

The status quo should not be altered without the permission of the apex court, said the bench.

The bench took note that the access to the Tehkhana where the ‘puja’ is held and the area where Muslims pray are different.

The top court said that Hindus would enter from the South and pray in Tehkhana and Muslims would enter from the Northern side for prayer.

“At this stage, bearing in mind the fact that namaz is being offered by Muslim communities unhindered after the district court and High Court orders and that prayers in Tehkhana are limited to the Hindu priests, it is important to maintain the status quo, so that both communities can perform religious worship in above terms,” the bench stated in its order.

During the hearing, the apex court also noted the Muslims were offering prayer unhindered and the offering of ‘puja’ was confined to the area of Tehkhana only.

“Are we correct to say that prayers in the South (cellar) do not impact (Muslim) prayers In North. If this is correct.. we can say let no further change happen in the status quo further. We say let namaz continue and worship in the south cellar can continue,” said CJI Chandrachud during the hearing.

It further issued notice to Hindu plaintiffs on an appeal of mosque committee challenging an order of Allahabad High Court over ‘puja’ of deities inside the ‘Vyas Tehkhana’.

The top court now posted the matter for hearing in July.

Mosque committee filed appeal against High Court order contending that the administration was acting in ‘hot haste’ soon after the Varanasi Court’s order to perform the ‘Puja’ at night.

On January 31, Varanasi district court allowed the Hindu side to offer prayers in the southern cellar of Gyanvapi mosque. The court directed the Varanasi district magistrate to make arrangements within seven days for ‘puja’ to be performed by the Hindu side and a poojari nominated by Shri Kashi Vishwanath Temple Trust.

After the order of the court, ‘puja’ and ‘aarti’ are being performed there.

The district court has issued the order on the plea of head priest of Acharya Ved Vyas Peeth temple, Shailendra Kumar Pathak Vyas, seeking worship of Shringar Gauri and other visible, and invisible deities in the cellar of the mosque. Vyas is the scion of the family which was performing ‘puja’ in this cellar till December 1993.

The plea had said Vyas’s maternal grandfather, priest Somnath Vyas, used to perform prayers there till 1993 when the cellar was closed by the authorities.

The ASI survey, ordered by the same court, in connection with a related case, suggested that the mosque was constructed during Aurangzeb’s rule over the remains of a Hindu temple. (ANI)

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Allahabad HC Declines Stay On Pray In Gyanvapi Mosque

Allahabad HC Declines Stay On Pray In Gyanvapi Mosque

By LokMarg

Allahabad High Court on Friday denied the stay on the Varanasi Court order that allowed the Hindu side to offer prayers in the southern cellar of Gyanvapi mosque.

The court granted time until February 6 for the Masjid Intezamia Committee of Gyanvapi mosque to amend its pleadings to include a challenge to a January 17 order consequent to which the January 31 order was passed.

The next hearing will now be held on February 6.

The bench of Justice Rohit Ranjan Aggarwal said that the mosque side should first challenge the order of January 17, 2024. By this order, District Magistrate Varanasi has been appointed as the receiver, and after that, the DM took possession of the Gyanvapi premises on January 23.

After this, the District Court, by an interim order dated January 31, has given permission to Kashi Vishwanath Temple Trust to perform puja in the basement through a priest.

The court had asked the Masjid Intezamia Committee lawyer SFA Naqvi why the basic order of January 17, 2024 was not challenged?

The committee’s lawyer said, “That due to the order of January 31, he had to come immediately. Will also challenge it (the basic order). Because as soon as the order was given, the district magistrate made preparations at night and started the puja within nine hours.”

Vishnu Shankar Jain, the Hindu side lawyer, objected to the maintainability of the appeal. He said that the original order has not been challenged. The subordinate court has not granted relief to the plaintiff. The authority has been given to the temple trust.

The Masjid Intezamia Committee had also gone to the Supreme Court in the early hours of Thursday, but the Supreme Court had suggested going to the High Court.

Meanwhile, on January 31, the Varanasi district court allowed the Hindu side to offer prayers in the southern cellar of Gyanvapi mosque. The court directed the Varanasi district magistrate to make arrangements within seven days for ‘puja’ to be performed by the Hindu side and a pujari (priest) nominated by Shri Kashi Vishwanath Temple Trust.

After the order of the court, “puja” and “aarti” were performed in the early hours on Thursday.

The district court has issued the order on the plea of the head priest of Acharya Ved Vyas Peeth temple, Shailendra Kumar Pathak Vyas, seeking worship of Shringar Gauri and other visible, and invisible deities in the cellar of the mosque. Vyas is the scion of the family which was performing “puja” in this cellar till December 1993.’

The plea stated that Vyas’s maternal grandfather, priest Somnath Vyas, used to perform prayers there till 1993 when the cellar was closed by the authorities.

Following the Varanasi court order, Muslim side lawyer Akhlaq Ahmed said, “The order has overlooked the Advocate Commissioner report of 2022, ASI’s report, and the decision of 1937, which was in our favour. The Hindu side has not placed any evidence that prayers were held before 1993. There is no such idol in the place.”

The mosque has four ‘tahkhanas’ (cellars) in the basement, of which one is still in the possession of the Vyas family, who used to live there. Vyas had petitioned that, as a hereditary pujari, he be allowed to enter the tahkhana and resume pooja.

The ASI survey, ordered by the same court, in connection with a related case, suggested that the mosque was constructed during Aurangzeb’s rule over the remains of a Hindu temple. (ANI)

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Krishna Janmabhoomi-Shahi Idgah Masjid dispute

SC Stays Order For Appointing Commission For Shahi Eidgah Mosque: Mathura

By LokMarg

The Supreme Court on Tuesday stayed the Allhabadad High Court order for appointment of a Commission for the Shahi Eidgah Mosque in connection with Mathura’s Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.

A bench of justices Sanjiv Khanna and Dipankar Datta also issued notice to concerned respondents on a plea filed by the Committee of Management Trust Shahi Masjid Idgah challenging the Allahabad High Court order for the appointment of a Commission for the Shahi Eidgah Mosque.

The court listed the matter for January 23 for further hearing.

The court said that proceedings before the trial court can be continued but the commission cannot be executed till the next date of hearings.

The court observed that HC has acted on a vague application seeking omnibus directions.

The court noted that the application has to be specific.

“This is wrong, you have to be very clear about what you want… It is an omnibus application,” the court said.

The Committee of Management Trust Shahi Masjid Idgah has filed an appeal in the Supreme Court challenging the Allahabad High Court order for the appointment of a Commission for the Shahi Eidgah Mosque.

Advocate Reena N. Singh, representing Bhagwan Sri Krishna Lalla Virajman told ANI “Today, the court heard about the survey order of the Allahabad High Court case which was being challenged by the Muslim side. The Intezamia Committee had challenged the order and today the Supreme Court stayed the survey order only. But they have not stayed the trial. The trial at Allahabad High Court will continue. The next date of hearing is on 23rd January.”

The Special Leave Petition (SLP) by the mosque committee challenged the order dated December 14 passed by the High Court of Judicature at Allahabad allowing an Application for the appointment of a Commission for the Shahi Eidgah Mosque where prayers are being regularly offered by the Muslim community from time immemorial.

“The High Court has allowed the Application for appointment of a Commission without considering the objections of the Petitioner herein and without considering the fact that the very existence of the Suit has been questioned by the Petitioner herein, whose Application under Order VII Rule 11 of the CPC for rejection of the Plaint has been kept pending without any decision,” the petition copy said.

Committee of Management Trust Shahi Masjid Idgah was represented by advocates Tasneem Ahmadi, Mehmood Pracha and RHA Sikander.

The Supreme Court is also dealing with various matters relating to Mathura’s Krishna Janambhoomi land dispute.

Earlier Committee of Management Trust Shahi Masjid Idgah filed an appeal in the top court challenging the Allahabad High Court order which transfers to itself all the petitions relating to Mathura’s Krishna Janambhoomi land dispute from District Court Mathura, Uttar Pradesh.

Masjid Idgah challenged the order dated May 26 passed by the Allahabad High Court whereby it transferred all such cases relating to the Krishna Janambhoomi dispute from the District Court Mathura, Uttar Pradesh, to itself.

Ranjana Agnihotri, a resident of Lucknow, had filed a suit in Mathura court demanding the ownership of 13.37 acres of land of Shri Krishna Janmabhoomi.

In her legal suit, Agnihotri demanded the removal of the Shahi Idgah mosque built in Krishna Janmabhoomi.

The suit filed in the Mathura court sought the removal of a mosque said to have been built in 1669-70 on the orders of the Mughal Emperor Aurangzeb in the 13.37-acre premises of Katra Keshav Dev temple, near the birthplace of Lord Krishna. (ANI)

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Allahabad High Court Gyanvyapi

ASI To Conduct Survey Of Gyanvapi Mosque Complex In Varanasi

By LokMarg

Allahabad High Court on Thursday allowed the Archaeological Survey of India to conduct a survey of the Gyanvapi mosque complex in Varanasi.

“Allahabad High Court has said that ASI survey of Gyanvapi mosque complex will start. Sessions court order is upheld by the High Court,” Vishnu Shankar Jain, representing the Hindu side in Gyanvapi survey case told reporters.
The Allahabad High Court dismissed Anjuman Intezamia Masjid Committee’s plea, challenging the Archaeological Survey of India (ASI) survey of the mosque complex, adjacent to Kashi Vishwanath temple in Varanasi.

The Anjuman Intezamia Masjid Committee had challenged the Varanasi District Judge’s July 21 order.

On July 21, Varanasi district judge AK Vishvesha ordered the ASI survey of the Gyanvapi complex on an application moved by four Hindu women on May 16, 2023.

The order of the district judge, however, excluded the Wuzu Khana (ablution pond area) of the complex, which has been sealed on the order of the top court.

Earlier the Allahabad High Court asked the Archaeological Survey of India (ASI) to not start the survey of Gyanvapi mosque in Varanasi as the hearing on the matter is underway after Supreme Court put on hold till 5 pm July 26 a detailed scientific survey by the ASI to determine if the mosque located next to the Kashi Vishwanath temple in Varanasi was built upon a temple.

The court was hearing a plea against a district court order directing the ASI to conduct the controversial survey.

Supreme Court earlier corrected its order in relation to the Gyanvapi mosque case whereby on July 24 it inadvertently disposed of an appeal of the committee questioning the maintainability of a suit by Hindus in the trial court seeking worship rights inside the mosque.

While granting the relief on the interim plea by staying ASI survey, the top court disposed of the main case on July 24.

The mosque committee had moved the top court with its interim plea in the pending petition seeking a stay of ASI work. (ANI)

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Gyanvapai mosque

Gyanvapi: Allahabad HC Expected To Announce Verdict On Survey By ASI Today

By LokMarg

The Allahabad High Court on Thursday is expected to give its judgment related to the Archaeological Survey of India (ASI) conducting a survey of the Gyanvapi mosque complex in Varanasi, except the Wazukhana that contains a structure claimed to be a Shivling.

Meanwhile, a Public Interest Litigation (PIL) was filed in the Allahabad High Court on Wednesday demanding to seal plot number 9130 on the Gyanvapi campus.
The PIL stated that the entry of non-Hindus should be banned so that the symbols found in the survey (Trident, Lotus and Swastika) are not harmed.

“A PIL has been filed in Allahabad High Court demanding that plot number 9130 in the Gyanvapi campus should be sealed. According to it, the entry of non-Hindus is also banned so that the symbols found in the survey (Trident, Lotus and Swastika) should not be harmed,” petitioner Advocate Saurabh Tiwari told ANI.

Earlier the Allahabad High Court asked the Archaeological Survey of India (ASI) to not start the survey of Gyanvapi mosque in Varanasi as the hearing on the matter is underway after Supreme Court put on hold till 5 pm July 26 a detailed scientific survey by the ASI to determine if the mosque located next to the Kashi Vishwanath temple in Varanasi was built upon a temple.

The court was hearing a plea against a district court order directing the ASI to conduct the controversial survey.

Supreme Court earlier corrected its order in relation to the Gyanvapi mosque case whereby on July 24 it inadvertently disposed of an appeal of the committee questioning the maintainability of a suit by Hindus in the trial court seeking worship rights inside the mosque.

While granting the relief on the interim plea by staying ASI survey, the top court disposed of the main case on July 24.

The mosque committee had moved the top court with its interim plea in the pending petition seeking a stay of ASI work.

On July 21, Varanasi district judge AK Vishvesha ordered the ASI survey of the Gyanvapi complex on an application moved by four Hindu women on May 16, 2023.

The order of the district judge, however, excluded the ablution pond area of the complex, which has been sealed on the order of the top court.

On May 12 this year, the Allahabad High Court allowed the scientific survey of this purported “shivling” but the top court stayed this order on May 19.

During the survey, a structure — claimed to be a “Shivling” by the Hindu side and a “fountain” by the Muslim side — was found in the mosque premises on May 16 last year during a court-mandated survey of the mosque located next to the Kashi Vishwanath temple.

The High Court on May 12 set aside the Varanasi District judge’s order which had rejected the application for a scientific survey and carbon dating of the “Shivling” on October 14, 2022.

The High Court had directed the Varanasi District judge to proceed, in accordance with the law, on the application by the Hindu worshippers for conducting a scientific probe of the “Shivling”.

Petitioners Laxmi Devi and three others had filed a plea in the High Court, challenging the order lower court order. (ANI)

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Gyanvapi mosque ASI

Gyanvapi: Caveat Filed In Allahabad HC Over Direction For ASI Survey

By LokMarg

A caveat petition in the Gyanvapi case was filed by Rakhi Singh, a petitioner from the Hindu side, in the Allahabad High Court on Monday,  on the order of Varanasi Court directing a survey of the sealed area on the mosque complex by the Archaeological Survey of India (ASI).

The caveat petition was filed through advocate Saurabh Tiwari through the e-filing mode.
Also the main petitioner in the Shringar Gauri Sthal case, Rakhi Singh also came out in support of the ASI survey at the Gyanvapi mosque complex.

In her caveat, Rakhi urged the Allahabad High Court not to give its judgment without hearing the petitioner should the Anjuman Intezamia Masjid Committee approach it challenging the July 21 order of the Varanasi court.

“It is therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to allow the application and may provide the opportunity of hearing before passing any order in favour of proposed Petitioner(s)/revisionist(s) and/or pass such other and further order , which this Hon’ble Court may deem fit and proper,” the caveat read.

Earlier, on Saturday, Rakhi Singh had filed a similar caveat in the matter.

On Monday, the Supreme Court ordered that Varanasi district court order of the Archaeological Survey of India (ASI) survey of the Gyanvapi mosque complex, adjacent to Kashi Vishwanath temples, shall not be enforced till 5 pm of July 26.

A bench headed by Chief Justice of India DY Chandrachud says that in the meantime mosque committee shall move the Allahabad High Court with its plea against the district court’s order.

The bench said the order was passed to give some breathing time to the Muslim side to approach the Allahabad High Court.

Gyanvapi mosque management committee, Anjuman Intezamia Masajid, mentioned the matter before the CJI seeking a stay on the July 21 order of the district court.

Senior advocate Huzefa Ahmadi sought a stay on the ASI survey of the mosque complex saying the top court had earlier stayed the carbon dating of the structure, claimed as “shivling” by the Hindi side, found in the ablution pond of the mosque during a court-mandated survey in May 2022.

“What is the tearing hurry, this place has been a mosque since the 1500s? there must be status quo order,” Ahmadi asked the bench.

During the hearing the apex court recorded the submissions of Solicitor General Tushar Mehta, appearing for Uttar Pradesh government, saying it appears ASI is not carrying out any excavation as ordered by the district court and no excavation is contemplated for a week.

Senior advocate Shyam Divan, appearing for the Hindi side, opposed a stay request of Muslim side saying let there should be exercise of caution on the issue and it must go to the High Court.

The Solicitor General has already said no excavations will be carried out, he said, adding that court is seized of the matter and when status quo order is made by Supreme Court it continues indefinitely.

On Friday, Varanasi district judge AK Vishvesha ordered the ASI survey of Gyanvapi complex on an application moved by four Hindu women on May 16, 2023.

The order of the district judge, however, excluded the ablution pond area of the complex, which has been sealed on the order of the top court.

On May 12 this year, the Allahabad High Court had allowed the scientific survey of this purported “shivling” but the top court stayed this order on May 19.

During the survey, a structure — claimed to be a “Shivling” by the Hindu side and a “fountain” by the Muslim side — was found in the mosque premises on May 16 last year during a court-mandated survey of the mosque located next to the Kashi Vishwanath temple.

The High Court on May 12 set aside the Varanasi District judge order which had rejected the application for a scientific survey and carbon dating of the “Shivling” on October 14, 2022.

The High Court had directed the Varanasi District judge to proceed, in accordance with law, on the application by the Hindu worshippers for conducting a scientific probe of the “Shivling”.

Petitioners Laxmi Devi and three others had filed a plea in the High Court, challenging the order lower court order. (ANI)

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Manipur DGP

SC Asks Allahabad HC To Give Details Of Krishna Janambhoomi Land Dispute

By LokMarg

The Supreme Court on Friday asked the registrar of Allahabad High Court to give details of the suits which are being dealt with in the court relating to Mathura’s Krishna Janambhoomi land dispute.

A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia listed the matter after three weeks.
The top court was hearing the Committee of Management Trust Shahi Masjid Idgah appeal challenging Allahabad High Court order, which transferred to itself all the petitions relating to Mathura’s Krishna Janambhoomi land dispute from the District Court in Mathura, Uttar Pradesh.

During the hearing, the top court noted that multiple suits had been filed in the matter.

Committee of Management Trust Shahi Masjid Idgah moved the Supreme Court challenging Allahabad High Court order, which transferred to itself all the petitions relating to Mathura’s Krishna Janambhoomi land dispute from Mathura district court.

The plea was moved by the Committee of Management Trust Shahi Masjid Idgah through advocate RHA Sikander.

Committee of Management Trust Shahi Masjid Idgah challenged the order dated May 26 passed by the Allahabad High Court whereby it transferred all such cases relating to the Krishna Janambhoomi dispute from the District Court Mathura, Uttar Pradesh, to itself.

The Transfer Application was allowed by the high court despite the fact that the proceedings in the Suit from which the Transfer Application emanated, were stayed by a Coordinate Bench of the High Court of Judicature at Allahabad vide Order dated August 3, 2022.

The impugned Judgment takes away two appellate stages and also transfers other suits to the High Court of Judicature at Allahabad for which no transfer applications were filed.

“The impugned Judgment is passed on a mere ipse dixit by indulging in the prophecy of the Respondents No. 1 to 8 that ‘in case the trial court itself decides the suit, it will take a long time without even considering that the Suit was registered only on May 26, 2022, and the proceedings therein were subsequently stayed by a Coordinate Bench of the High Court of Judicature at Allahabad vide Order dated August 3, 2022, which remained in force till May 1, 2023,” read the petition.

So far, nine cases have been filed in Mathura court in the case of Shri Krishna Janmabhoomi and Shahi Idgah Masjid.

Ranjana Agnihotri, a resident of Lucknow, had filed a suit demanding the ownership of 13.37 acres of land of Shri Krishna Janmabhoomi.

In her legal suit, Agnihotri demanded removal of the Shahi Idgah mosque built in Krishna Janmabhoomi.

The suit filed in the Mathura court sought the removal of a mosque said to have been built in 1669-70 on the orders of the Mughal Emperor Aurangzeb in the 13.37-acre premises of Katra Keshav Dev temple, near the birthplace of Lord Krishna. (ANI)

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Allahabad HC Asks Centre To Ban Cow Slaughter

Allahabad HC Asks Centre To Ban Cow Slaughter

By LokMarg

The Lucknow bench of Allahabad High Court has sought a decision from the Centre to declare cows as a ‘protected national animal’ and also enact an appropriate law to ban cow slaughter in the country.

“Hope Centre will take a decision to ban cow slaughter, declare cows ‘protected national animal’, Allahabad High Court said.
The Lucknow bench of Allahabad High Court has expressed hope that the Centre will take an appropriate decision to ban cow slaughter and declare it as a “protected national animal”.

“We live in a secular country and must have respect for all religions. In Hinduism, the belief is that the cow is the representative of divine and natural beneficence. Therefore it should be protected and venerated,” Justice Shamim Ahmad said on February 14, dismissing a plea seeking the quashing of criminal proceedings against a person under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955.

The petitioner, and a resident of Barabanki, Mohammad Abdul Khaliq, had pleaded that the police booked him without any evidence and hence the proceedings pending against him in the court of additional chief judicial magistrate should be quashed. Dismissing the plea, the bench held that from the facts on record, a prima- facie case was made out against the petitioner.

While passing the order, the judge observed, “The cow has also been associated with various deities, notably Lord Shiva (whose steed is Nandi, a bull) Lord Indra (closely associated with Kamadhenu), Lord Krishna (a cowherd in his youth), and goddesses in general.”

The bench also noted that as per the legends, cows emerged from the ocean of milk at the time of Samudramanthan or the great churning of the ocean by the gods and demons and that she was presented to the seven sages, and in the course of time came into the custody of sage, Vasishta.

The judge further said that a cow’s legs symbolise the four Vedas and her milk is four “Purushartha” (or human objectives — “dharma” or righteousness, “artha” or material wealth, “kama” or desire and “moksha” or salvation.

“Her horns symbolise the gods, her face the sun and moon, and her shoulders “Agni” (the god of fire). The cow has also been described in other forms: Nanda, Sunanda, Surabhi, Susheela and Sumana,” Justice Ahmad said.

He said that the origin of the veneration of the cow can be traced to the Vedic period. (ANI)

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Divorced Muslim Woman Alimony

Divorced Muslim Woman Entitled To Alimony For Life: HC

By LokMarg

In a landmark ruling, the Allahabad High Court on Wednesday said a Muslim woman has the right to receive maintenance from her divorced husband not just till the completion of the ‘Iddat’ period, but for the rest of her life.

The alimony should be such that she can live the same life as she had been living before the divorce, the court ruled.

‘Iddat’ is a custom that bars Muslim women from stepping out and meeting relatives for four months following the death of their husbands.

The court set aside the order of the Principal Judge Family Court, Ghazipur, granting alimony only till the ‘Iddat’ period, terming it illegal. It said the Ghazipur court had given the order without properly perusing the statutory provisions and evidence.

“Under Section 3(3) of the Muslim Act, 1986, an order can be passed directing the former husband of the divorcee to pay to her such reasonable and fair provision and maintenance as deemed fit and proper having regard to needs of the divorced woman, her standard of life enjoyed by her during her marriage and means of her former husband,” the court observed.

“The word “provision” used in Section 3 of the Muslim Act, 1986 indicates that something is provided in advance for meeting some needs,” the court said.

“In other words, at the time of divorce the Muslim husband is required to contemplate the future needs and make preparatory arrangements in advance for meeting those needs,” the court said.

“Reasonable and fair provision” may include provision for her residence, her food, her cloths, and other articles,” the court said.

“In the case of Danial Latifi and another (supra), in Para-28, Hon’ble Supreme Court has fairly interpreted the provisions of Section 3 with regard to fair provision and maintenance and held that “it would extend to the whole life of the divorced wife unless she gets married for a second time,” the court observed.

The court observed that Section 4 deals with the Order for payment of maintenance, — Notwithstanding anything contained in the foregoing provisions of this Act or in any other law for the time being in force, where a Magistrate is satisfied that a divorced woman has not re-married and is not able to maintain herself after the iddat period, he may make an order directing such of her relatives as would be entitled to inherit her property on her death according to Muslim law to pay such reasonable and fair maintenance to her as he may determine fit and proper, having regard to the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of such relatives and such maintenance shall be payable by such relatives in the proportions in which they would inherit the property and at such periods.”

The HC said under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced woman can file an application for maintenance from her ex-husband before a magistrate.

The court ordered the magistrate concerned to pass an order in three months on alimony, and it then, it ruled that the ex-husband will pay an interim alimony of Rs 5,000 per month to his divorced wife.

The judgment, in favour of the plea by Zahid Khatoon, was delivered by a division bench of Justice SP Kesarwani and Justice MAH Idrisi.

The HC made it clear that a Muslim woman was entitled to maintenance from her ex-husband even after the customary ‘Iddat’ period.

If she is not being given maintenance, she has the right to approach the magistrate, the court said in its judgment.

Zahid Khatoon wed Noorul Haq Khan on May 21, 1989. After their nikah (marriage), the husband got a job in a post office.

However, he divorced his wife on June 28, 2000, and got married a second time two years later.

His ex-wife filed an application under Section 3 of the Muslim Women Protection Act before the Judicial Magistrate, Junior Division, Ghazipur. The case was transferred by the district judge to the Family Court.

She also filed an application under Section 125 of CrPC. During the hearing for the same, the magistrate ordered the ex-husband to pay her Rs 1,500 per month till the period before the divorce.

The revision petition filed, challenging the order, was dismissed and there was no petition filed against the same.

The family court, after examining the evidence and testimony, ordered the ex-husband to pay Rs 1,500 monthly for a period of three months and 13 days. (ANI)

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Gyanvapai mosque

Gyanpavi: HC Seeks ASI Affidavit On Conducting Carbon Dating Of Shivling

By LokMarg

Allahabad High Court on Monday asked the Archeological Survey of India (ASI) to file an affidavit on whether the ‘carbon dating of the purported ‘Shivling’ found inside the premises of the Gyanvapi Mosque, can be conducted without defacing its shape.

The High Court directed the ASI to file its affidavit on the next date of hearing — November 30.
The HC was hearing a review petition filed by Lakshmi Devi and three others, challenging the Varanasi district court’s order of a ‘scientific survey’ of the purported Shivling, which is claimed to be a part of the fountain of the wazu khana by the mosque management.

In its order on Monday, the single bench of Justice JJ Muneer asked the ASI to confirm if ‘carbon dating’, a method to determine an object’s age, can be conducted without defacing the purported Shivling.

“The subordinate court has rejected the application for conducting a scientific survey in view of the status quo order issued by the Supreme Court. Apprehension has been expressed that carbon dating may damage the alleged Shivling,” the bench stated, adding that it was necessary to determine the age of the ‘Shivling’ without deforming its shape.

The counsel for the petitioners, Advocate Vishnu Shankar Jain, said only a scientific survey (carbon dating) can bring forth correct information on the ‘Shivling’ found in the Gyanvapi mosque complex, along with other religious items.

It will also establish beyond any reasonable doubt how old the ‘Shivling’ and other idols found there are, the counsel for the petition further submitted.

Earlier, the petitioners had filed an application in the district court, Varanasi seeking a scientific survey of the Gyanvapi Masjid complex.

The court, however, rejected the plea on October 14 saying that doing so could damage the structure.

The single-bench of the Allahabad HC on Monday also directed the principal secretary of the Department of Religious Affairs, Uttar Pradesh, to file an affidavit on the government’s position or stand in the matter on the next date of hearing — November 30.

The chief standing counsel of the state government, Pancham Bipin Bihari Pandey, was directed to clarify the government’s stand by filing an affidavit on behalf of the principal secretary, Department of Religious Affairs, UP.

Advocate Manoj Singh, appearing for the Union government, had sought three months’ time to clarify its position on the matter. However, the court directed that an affidavit is to be filed by November 30. (ANI)

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