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SANDEEP MEHTA, RAMESHWAR VYAS
Khursida – Appellant
Versus
Mohd. Salim – Respondent
ORDER
1. The matter comes on an application (Inward No. 01/2021) filed by the petitioner seeking early hearing of the revision petition.
2. For the reasons mentioned in the application, the same is allowed.
3. With the consent of learned counsel for the parties, the matter is taken up for hearing today itself.
4. Heard learned counsel for the parties on the main revision petition and perused the order impugned.
5. The present revision petition has been preferred by the petitioner under Section 19 of the Family Courts Act, 1984 against the Order dated 11.06.2008 passed by the Judge, Family Court, Udaipur in Criminal Case No. 431/2004 whereby while allowing the application under Section 127 Cr.P.C. filed by the respondent-husband, the Order dated 06.08.1999 awarding monthly allowance of maintenance in favour of the petitioner-wife under Section 125 Cr.P.C. was modified holding that she would not be entitled for any maintenance from the respondent-husband from the date of passing of the Order dated 11.06.2008, whereas, the application seeking enhancement of maintenance under Section 127 Cr.P.C. filed by the petitioner-wife was dismissed.
6. Brief facts of the case are that the petitioner-wi
A divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C. after the Iddat period if she cannot maintain herself.
Section 125 of Code makes provision for grant of maintenance to wives, children and parents - Section 125(1) inter alia says that if any person having sufficient means neglects or refuses to maintain....
A divorced wife is entitled to maintenance under Section 125 of the Code, emphasizing the husband's duty to support his family despite claims of unemployment or illness.
A divorced Muslim woman can assert her right to maintenance under Section 125 of Cr.P.C. despite prior agreements, if those agreements fail to provide adequate future support.
A divorced Muslim woman is entitled to claim maintenance under Section 125 of the CrPC, and the Family Court has jurisdiction to entertain such claims, irrespective of the provisions of the Muslim Wo....
A divorced Muslim woman's right to maintenance extends beyond the iddat period, and applications for enhancement may invoke multiple legal provisions, including the Muslim Women Act and CrPC.
A divorced woman is entitled to maintenance under Section 125 of the Code of Criminal Procedure if she is unable to maintain herself, and the father is obligated to support their minor child.
Maintenance is one thing which has to be granted and a lady suffering cruelty, cannot be said to have deserted or voluntarily residing away.
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