Razia – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
KARUNESH SINGH PAWAR, J.
C.M. Application No. 83077 of 2008
1. The application seeks condonation of delay in filing the criminal revision.
2. Heard learned counsel for the revisionist and learned A.G.A. for the State.
3. None appears for respondent no. 2.
4. Since cause shown in the affidavit filed in support of application for condonation of delay in filing the instant revision is satisfactory, the application for condonation is allowed and delay in filing the instant revision is hereby condoned.
(Order on the memo of Revision)
1. Heard Shri Avinash Srivastava holding brief of Shri Ashok Kumar Srivastava, learned counsel for the revisionist and learned A.G.A. for the State as well as perused the record.
2. None appears for respondent no. 2. However, learned counsel for the revisionist submits that the present revision is pending since 2008 and even objections have not been filed by respondent no. 2 and the matter has never been argued by respondent no. 2.
3. The present revision has been filed against the judgment and order dated 11.4.2008 passed by learned Additional Sessions Judge, Court No. 5, Pratapgarh passed in Criminal Revision No. 54 of 2007, whereby the order of trial Co
Divorced Muslim women shall be entitled to claim maintenance from her husband under Section 125 Cr.P.C. even after expiry of period of iddat as long as she does not remarry.
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
A minor can be required to pay maintenance obligations upon reaching majority, reflecting the need for reasonable support based on actual income.
The main legal point established is the entitlement to maintenance from the date of application, as directed by the Supreme Court, and the need for uniformity in maintenance orders.
Point of Law : Right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of....
The court affirmed that maintenance must be provided to a destitute spouse, emphasizing the husband's financial obligation and the summary nature of maintenance proceedings.
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