Mamlun Nesha alias Mamlun Nisha alias Mamlun Nessa vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1648

PRASENJIT BISWAS, HARISH TANDON
Mamlun Nesha alias Mamlun Nisha alias Mamlun Nessa – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Petitioner: Mr. Partha Sarathi Bhattacharyya, Adv., Mr. Debasish Banerjee, Adv., Mr. Raju Bhattacharyya, Adv., Mr. Rakesh Jana, Adv.
For the Respondents: Ms. Chaitali Bhattacharya, Adv., Mr. Subhendu Roy Choudhury, Adv., Mr. Sardar Amjad Ali, Adv., Mr. Malay Kumar Das, Adv., Mr. M. A. Sardar, Adv., Mr. S. Haque, Adv., Ms. Rubina Akthar, Adv.

Table of Content
1. claims for retiral benefits are tied to the legal marital status of the parties. (Para 1 , 2)
2. arguments center on the validity of marriage and rights under personal laws. (Para 5 , 6)
3. the court discusses the provision and precedence of muslim personal law applicable to marriages. (Para 8 , 9)
4. the necessity of judicial confirmation for divorce under muslim law is emphasized. (Para 12 , 20)
5. final ruling noted the disposal of the writ petition and the expectation of prompt adjudication. (Para 24 , 26 , 27)

JUDGMENT :

(Harish Tandon, J.)

A digration from an issue involved in the instant writ petition becomes inevitable on the stand of both the parties raising an issue striking at the root of the rights of the parties in relation to their matrimonial status consequently impacting the entitlement to share the retiral benefits including family pension under the DCRB RULES , 1971. Though the stand of the party in a proceeding initiated before the State Administrative Tribunal which becomes necessary because of the disbursement of such retiral benefits but the shifting of the core issue is manifest on the stand of the parities on a point being raised on the marital