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2005 Supreme(Chh) 170

SDHRI V.K.SHRIVASTAVA
Zahirunnisa, Bilaspur, (C. G. ) – Appellant
Versus
Wahab Mohammed,Belgahna, Tahsil Kota, District Bilaspur (C. G. ) – Respondent


Advocates Appeared:
Mr. K.A.Ansari, Senior Advocate with Mr. Nasir Ahmed and Mr. Manoj Kumar Sinha, counsel for the petitioner.
Mr. V.C.Ottalwar, counsel for the respondent.

ORDER

1. This is a petition filed under Section 482 of the Code of Criminal Procedure for setting aside the order dated 14-12-1995 passed by IIIrd Additional Sessions Judge, Bilaspur in Criminal Revision No.187/1989, so far as it relates to refusal of grant of maintenance to the petitioner Zahirunnisa in accordance with Section 125 of the Code of Criminal Procedure from her husband - the respondent Wahab Mohammed.

2. The petitioner Zahirunnisa and Rahim Mohammed, claiming themselves to be the wife and son respectively of the respondent Wahab Mohammed and also claiming that they are unable to maintain themselves, whereas the respondent has sufficient means to maintain them but refused to maintain them, filed an application under Section 125 of the Code of Criminal Procedure for grant of maintenance to both of them, total amounting to Rs.400/- per month. In reply, the respondent defying the same, submitted that, no legal marriage had taken place between himself and Zahirunnisa, and Rahim Mohammed is not the son born out of their wedlock. Apart from that, he divorced Zahirunnisa on 14-5-1984 and also communicated the divorce to her. According to the Muslim Women (Protection of Rights o















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