ARVIND KUMAR TRIPATHI II
Mohd. Waqar – Appellant
Versus
State of U. P. – Respondent
Key Points: - The judgment analyzes the applicability of the Protection of Women from Domestic Violence Act, 2005 to divorced Muslim women and its interplay with the Muslim Women (Protection of Rights on Divorce) Act, 1986. (!) (!) (!) - It discusses the scope of Section 3 of Act 1986 regarding reasonable and fair provision, maintenance, mahr, and delivery of properties at the time of divorce, and its relationship to post-iddat maintenance. (!) (!) (!) (!) - (!) - It emphasizes that the Act 2005 is protective and remedial for aggrieved persons in domestic violence, and that its provisions are in addition to existing laws, not in derogation. (!) (!) (!) - It highlights that a divorced woman’s entitlement under Muslim law to protection or maintenance must be assessed with consideration of evidence, financial status, and the relevant statutory provisions, including Section 12 of Act 2005. (!) (!) (!) - (!) - The court remands the matter for fresh consideration, noting improper consideration of evidence and legal provisions by lower courts, and clarifies the need to determine whether there was domestic violence and the correct application of protections. (!) (!) (!)
Arvind Kumar Tripathi (II), J.
Heard Shri Khaleeq Ahmad Khan, learned counsel for the revisionists, Shri Sharad Dixit, learned AGA for the State respondent and Dr. L.P. Misra, learned counsel for opposite party no.2.
2. This criminal revision has been filed by Mohd. Waqar and others challenging the order dated 5.3.2014 passed by the learned Additional Sessions Judge, Court No.1, Faizabad in Criminal Appeal No.2 of 2014 by which the appeal filed by the revisionist against the judgment and order dated 7.12.2013 passed by the learned Additional Chief Judicial Magistrate - I, Court No.10, Faizabad was dismissed.
3. By the order dated 7.12.2013 the Additional Chief Judicial Magistrate - I, Court No.10, Faizabad has partly allowed the application of Smt. Amna Muzaffar moved under Section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act') in Complaint Case No.977 of 2013.
4. As per factual matrix of the case, a complaint under Section 12 of the Act was filed by Amna Muzaffar, claiming herself to be the wife of Mohd. Waqar, against Mohd. Waqar, Mahboob, Smt. Shakila, Sahar Sayyed and Rehana alleging that she was married with Mohd. Waqar on
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