SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(Bom) 2151

M.S.SONAK
Abdul Malik Mohd. Hussein – Appellant
Versus
Zakiya Bano Abdul Malik – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Amey C. Sawant I/b Suresh M. Sabrad

JUDGMENT :

M.S. SONAK, J.

1. Heard Mr. Amey Sawant, learned Counsel for the Petitioner.

2. The challenge in this petition is to an order dated 15 January 2013, made by the Sessions Judge, awarding maintenance amount of Rs. 1,000/- per month to Respondent No. 1. The learned Single Judge has granted some time to the Petitioner to clear the arrears and also provided that in case the Petitioner commits two consecutive defaults in payment of installments of arrears of maintenance amount, the Petitioner is to pay interest at the rate of 6 per cent per annum.

3. Mr. Sawant, learned Counsel for the Petitioner-husband submitted that the Trial Court in the present case had correctly rejected Respondent No. 1's claim for maintenance, since the Respondent was Muslim divorcee woman. He submits that taking into consideration the provisions of Mulsim Women (Protection of Rights on Divorce) Act, 1986, (the said Act), Respondent No. 1 was obviously not entitled to a petition under Section 125 of the Criminal Procedure Code. He submits that the learned Sessions Judge, therefore, erred in reversing the Trial Court order and granting maintenance to Respondent No. 1. He submits that the directions for paym

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top