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2015 Supreme(All) 912

SUDHIR AGARWAL, DINESH GUPTA
MOHAMMAD YASEEN – Appellant
Versus
MEHRAJUNNISHA – Respondent


Advocates:
Counsel :
T.A. Khan for the Appellant; Shesh Kumar for the Respondents.

JUDGMENT

By the Court.—Heard Sri T.A. Khan, learned counsel for appellant and Sri Shesh Kumar learned counsel for respondent.

2. The present First Appeal under Section 19 of Family Courts Act, 1984 (hereinafter referred to as “Act 1984”) is arising from the judgement and order dated 2.11.2002 passed by Principal Judge, Family Court Moradabad in Civil Misc. Case No. 206 of 1999 under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act 1986 (hereinafter referred to as “Act of 1986), which reads as under

“3. Mahr or other properties of Muslim woman to be given to her at the time of divorce.—(1) Notwithstanding anything contained in any other law for the time being in force,a divorced woman shall be entitled to-

(a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband;

(b) where she herself maintains the children born to before or after he divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective date of birth of such children;

(c) an amount equal to the sum of mahr or dower agreed to be paid to her at the time or her

































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