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2010 Supreme(Ker) 203

M.C.HARI RANI, R.BASANT
Kunhimohammed – Appellant
Versus
Ayishakutty – Respondent


Advocates appeared:
For the Petitioners:K.P. Sudheer, Advocate. For the Respondent:K.P. Mujeeb, Advocate.

Judgment :-

Basant,J.

(i) Does a divorce valid under the Muslim Law ipso facto extinguish the liability of the husband under Sec.125 of the Code of Criminal Procedure (hereinafter referred to as `the Code') to pay maintenance to his wife even when it is admitted or proved that amounts due under the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as `the Act') have not been paid?

(ii) Is unilateral pronouncement of divorce without offering any reason and without any attempt for reconciliation by the arbiters as mandated by Ayat 35 of Sura IV of the Holy Quran valid under the Muslim Law after the decision of the Supreme Court in Shamim Ara v. State of U.P. (2002 (3) KLT 537 SC)?

2. These two questions of crucial relevance and contextual significance arise for consideration in this RP(FC) which has been referred to a Division Bench under Sec.3 of the Kerala High Court Act by a Single Judge (one of us). The learned counsel for the contestants have been heard in detail. As it was felt that larger questions of public importance are involved, we had requested the learned counsel who are willing, to offer assistance to us as amicus curiae and accordingly M







































































































































































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