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

1972 Supreme(Mad) 781

T.C.RAGHAVAN
Sidhik Moulavi – Appellant
Versus
Nabeesa Beevi – Respondent


Advocates:
P.K. Shamsuddin and K.A. Abdul Salam, for Petitioner.
V.K. Hamza and K. Sikhivahanan, for Respondents.

Order.-

The main question in this revision petition arising out of a proceeding under section 488 of the Code of Criminal Procedure is a fairly interesting question though a short question. The Sub-Divisional Magistrate has held that the petition for maintenance was filed by the first respondent, the wife, after the petitioner divorced her. Still, the Magistrate has held that, since the personal law of the parties, the Mahomedan law, allows maintenance for the wife for the iddat period (3 months and 10 days after divorce), the wife is entitled to maintenance for that period. This conclusion of the Sub-Divisional Magistrate appears to be erroneous, in view of the very language of section 488 (1) of the Code of Criminal Procedure, and more so, in view of the decision of this Court in Areekkal Abdurahiman Musaliyar v. Neliyaparambath Ayissu1, where Govinda Menon J., following the decision of the High Court of Jammu and Kashmir in Ahmad Giri v. Mst. Begha2, has held that the woman must be a wife at the time of filing the application under section 488 of the Code. The learned Judge has pointed out that, under the personal law, she might be entitled to maintenance for the period of iddat,






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