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2007 Supreme(Gau) 562

BIPLAB KUMAR SHARMA
Tripura Board of Wakf – Appellant
Versus
Ayasha Bibi – Respondent


ORDER

B.K. Sharma, J.

1. Heard Mr. D. Chakraborty, learned Counsel for the petitioner, Also heard Mr. B. Das, learned Sr. Counsel assisted by Mr. D. Chakraborty, learned Counsel representing the respondent.

2. The petitioner, Tripura Board of Wakf represented by its Secretary, has filed this writ petition under Article 226/227 of the Constitution of India making a challenge to the orders passed in the proceedings initiated by the respondent, who is a Muslim woman, for payment of maintenance.

3. The respondent herein had approached the Wakf Board by her application submitted in June, 1990 claiming maintenance as per the provisions of Section 4(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986. In the petition, it was contended that she has been divorced by her husband making her destitute without any means of livelihood. It was stated in the petition that after such divorce and desertion by the husband she had been living along with her son in penury. As regards her relatives, it was stated in the petition that they were not in a position to maintain her.

4. The respondent-wife was intimated by the petitioner Board that there is no provision in the aforesaid Act of 1986





















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