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DEEPAK ROSHAN
Nuzhat Jahan – Appellant
Versus
State of Jharkhand – Respondent
Headnote: Read headnote
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant application has been preferred challenging the propriety and correctness of the order dated 03.05.2006, passed by learned Principal Judge, Family Court, Ranchi, in Maintenance Case No. 56 of 2004; whereby the learned Family Court, Ranchi has held that the petitioner No. 1-(wife of O.P. No. 2) is not entitled to any maintenance allowance on the ground that she has already been divorced by the O.P. No. 2 and petitioner No. 2 (child of O.P. No. 2) is only entitled to monthly allowance of Rs. 600/- per month from June, 2004; that too is very inadequate.
3. The prosecution case in brief is that the Nuzhat Jahan-petitioner No. 1 and Taiyab Ali-O.P. No. 2 were married on 02.04.2000 according to Muslim rites and customs. The petitioner No. 1 went to her sasural where she was subjected to cruelty for dowry demand of Rs. 2,00,000/- for purchasing of a Car. The petitioner No. 1 w
A divorced Muslim woman is entitled to claim maintenance under Section 125 Cr. P.C., and the right of maintenance available to a wife from her husband is absolute and not affected by divorce unless t....
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....
Divorced Muslim women can claim maintenance under Section 125 of Cr.P.C. regardless of prior agreements made under personal law.
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.
Divorced Muslim wives are entitled to maintenance under S.125 of CrPC until obligations under specific statutory provisions are fulfilled.
A minor child of a divorced Muslim woman retains the right to claim maintenance beyond two years under S.125 of the Cr. P. C., unaffected by S.3(b) of the Act of 1986.
Monthly maintenance – Under Section 3(2) of Muslim Act, 1986, a divorcee can file application before Magistrate if her former husband has not paid to her a reasonable and fair provision and maintenan....
Iqbal Bano vs. State of U.P. (2007) 6 SCC 785
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Read summaryMd. Ahmed Khan vs. Shah Bano Begum
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Read summary
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