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2011 Supreme(Kar) 103

JAWAD RAHIM
Mushtaq Nayak – Appellant
Versus
Salma Praveen – Respondent


Advocates appeared:
For the Petitioner:M/s Nag Associates & Abubacker Shafi, Advocates. For the Respondent:Shanmukhappa, Advocate.

Judgment :-

1. Both these petitions under the provision of Section 19(4) of Family Courts Act are directed against the order dated 30.9.2009 in C.Misc.308/02 on the file of Judge, Family Court, Mysore.

2. RPFC.60/09 is by the husband questioning the direction in the impugned order to pay maintenance to his wife-Dr. Salma Parveen.

3. RPFC.15/10 is by the wife seeking enhancement of maintenance ordered. Necessarily both the petitions are clubbed and taken up for final disposal.

4. The contextual acts are:

(a) Dr. Salma Parveen married Mushtaq Nayak according to Islamic rites and customs and both commenced matrimonial life. Within a short period, she filed C.Misc.308/02 alleging cruelty, harassment by her husband. On the plea of willful neglect and deprival of basic necessities in life, she sought maintenance from her husband under the provision of Section 125, Cr.P.C. In support of her claim she alleged having qualified as a medical practitioner, she was aspiring to pursue further education and at that juncture, Mushtaq Nayak and his parents approached her parents representing to them that he is a well qualified engineer, good natured with all virtues and would have been a befitting















































































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