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JAWAD RAHIM
Musthaq Nayak – Appellant
Versus
Salma Praveen – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner: M/s. Nag Associates and Sri Abubacker Shafi, Adocates.
For the Respondent:Sri Shanmukhappa, Advocate.

ORDER

Jawad Rahim, J.—Both these petitions under the provision of Section 19(4) of the Family Courts Act, 1984 are directed against the order dated 30.9.2009 in C. Misc. No. 308 of 2002 on the file of Judge, Family Court, Mysore.

2. RPFC No. 60 of 2009 is by the husband questioning the direction in the impugned order to pay maintenance to his wife Dr. Salma Parveen.

3. RPFC No. 15 of 2010 is by the wife seeking enhancement of maintenance ordered. Necessarily both the petitions are clubbed and taken up for final disposal.

4. The contextual facts are:

(a) Dr. Salma Parveen married Musthaq Nayak according to Islamic rites and customs and both commenced matrimonial life. Within a short period, she filed C. Misc. No. 308 of 2002 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 of the Criminal Procedure Code, 1973. In support of her claim she alleged having qualified as a medical Practitioner, she was aspiring to pursue further education and at that juncture, Musthaq Nayak and his parents approached her parents representing to them that he is a

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