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2022 Supreme(All) 1539

SURYA PRAKASH KESARWANI, MOHD. AZHAR HUSAIN IDRISI
Zahid Khatoon – Appellant
Versus
Nurul Haque Khan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Prakhar Saran Srivastava, Pradeep Kumar Rai.
For the Respondents: Arvind Srivastava, Mohd. Naushad Siddiqui.

JUDGMENT :

1. Heard Sri Prakhar Saran Srivastava, learned counsel for the applicant/appellant and Sri Arvind Srivastava, learned counsel for the defendant/respondent.

2. This appeal under Section 19 of the Family Courts Act, 1984 has been filed praying to set aside the judgment and order dated 15.09.2022 passed by the Principal Judge, Family Court, Ghazipur in Criminal Misc. Case No. 2366 of 2014 (CNR No. UPGH 020019432014) under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the Muslim Act, 1986) and to pass suitable order awarding monthly maintenance in favour of the applicant/appellant alongwith direction for return of the properties to her as narrated in the application.

3. On 24.11.2022 both the learned counsel for the parties have stated that there is no need to file paper book as entire relevant papers have been filed alongwith memorandum of appeal. Lower court record has been received and notified on 24.11.2022. In these circumstances, this Court had passed the order dated 24.11.2022, as under:

    “Learned counsel for the plaintiff-appellant states that entire relevant papers have been filed alongwith appeal and, therefore, th

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