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

2008 Supreme(Ker) 378

R.BASANT
C. K. Aboobacker – Appellant
Versus
Rahiyanath – Respondent


Advocates Appeared:For the Petitioners:C. Khalid, R.O. Muhamed Shemeem, Advocates. For the Respondents:R1, K.M. Sathyanatha Menon, Advocate, Gikku Jacob, Public Prosecutor.

Judgment :

What is the impact (limited impact as explained by the Division Bench in Abdul Hameed v. Fousiya (2004 (3) KLT 1049) of a post Iddat remarriage on the claim of a divorced wife for fair and reasonable provision and maintenance under Sec.3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short ‘the Act)? Should a post Iddat remarriage during the pendency of the claim under Sec.3 of the Act influence the Magistrate while quantifying the amount due? Should remarriage pending revision or post revision persuade the superior courts to make appropriate modification of the amount quantified earlier by the Magistrate? Are the rights of a divorced Muslim woman under Sec.3 of the Act larger and supplemental to the rights under Sec.125 of the Cr.P.C.? Cannot the amount due under Sec.3 of the Act in a case of remarriage exceed the arithmetical equivalent of maintenance which would have been payable under Sec.125 Cr.P.C. between the date of divorce and the date of remarriage? What principles must be followed by the courts while quantifying the fair and reasonable provision and maintenance to be made and paid during the period of Iddat under Sec.3(1)(a) of the Act whe






































































































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