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2011 Supreme(All) 1918

S.C.AGARWAL
SAZID – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
A.K.S. Bais for the Petitioner; A.G.A. for the Respondents.

JUDGMENT

Hon’ble S.C. Agarwal, J.—Heard learned counsel for the petitioner and learned A.G.A. for the State.

There is no need to issue notice to respondent Nos. 2 and 3.

2. Respondent Nos. 2 and 3 filed an Application under Section 125 Cr.P.C. being case No. 584 of 2010 Smt. Shamina and others v. Sazid in the Court of Addl. Civil Judge (J.D.) / Judicial Magistrate, Saharanpur. Learned Magistrate vide order dated 24.1.2010 directed the petitioner to pay interim maintenance allowance at the rate of Rs. 1000/- per month to his wife-respondent No. 2 and Rs. 500/- per month to his minor daughter-respondent No. 3. Criminal Revision No. 143 of 2011 filed by the petitioner was dismissed vide order dated 4.5.2011 passed by Addl. Sessions Judge, Court No. 14, Saharanpur. Both the aforesaid orders are under challenge in this writ petition.

3. Learned counsel for the petitioner submitted that respondent No. 2 is a divorced Muslim lady and she is not entitled to claim maintenance allowance from the petitioner.

4. In Shabana Bano v. Imran Khan, AIR 2010 SCC 305, the Apex Court has held as under :

29. Cumulative reading of the relevant portions of judgments of this Court in Danial Latifi, AIR 2001 SCW






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