Shahjahan vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 673

SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Shahjahan – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Sushil Kumar Dubey, Adv. Mr. Rameshwar Prasad Goyal, AOR
For the Respondent(s): Mr. A.K.Misra. A.G., U.P., Sr. Adv. (NP) Mr. Arup Banerjee, AOR Mr. Amitabh Poddar, Adv. Mr. Priyanshu Raj, Adv. Mr. Harshita Raghuvanshi., Adv. Mr. Rajiv Agnihotri, Adv.

JUDGMENT :

AHSANUDDIN AMANULLAH. J.

Leave granted.

2. The present appeal is directed against the Final Judgment and Order dated 03.08.2018 in Criminal Revision No.2829/2010 (hereinafter referred to as the 'Impugned Order')¹[2018 SCC OnLine All 7101 : (2018) 6 All LJ 55] passed by the High Court of Judicature at Allahabad (hereinafter referred to as the 'High Court'), whereby the revision petition filed by the appellant-wife was dismissed and the Order dated 23.04.2010 in Petition No.335 of 2008 passed by the Principal Judge, Family Court, Jhansi (hereinafter referred to as the ‘Family Court’) not awarding any maintenance to the appellant-wife, was upheld.

FACTUAL BACKGROUND:

3. The marriage of the appellant-wife was solemnized with the respondent no. 2-husband on 24.09.2002 according to Islamic customs. This was the second marriage of both. From their wedlock, the appellant gave birth to two children, namely daughter Aatika (aged about 21 years presently) and son Muzammil (aged about 16 years presently). In 2005, respondent no.2 filed ‘Divorce Suit No.325 of 2005’²[The usage of the apostrophe is deliberate; we will advert to this in the latter part of the Judgment.] against the appella