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RAJ BEER SINGH
Shakila Khatun – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. background of the case and parties involved (Para 1 , 6) |
| 2. arguments regarding maintenance claim (Para 3 , 4) |
| 3. court's observations on maintenance entitlement (Para 5 , 7 , 15) |
| 4. legal principles governing maintenance for divorced muslim women (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. remand for fresh hearing on maintenance claim (Para 16) |
JUDGMENT :
RAJ BEER SINGH, J.
1. The present criminal revision has been preferred against the judgment and order dated 20.09.2021, passed by the learned Principal Judge, Family Court, Ghazipur, in Case No. 665 of 2020 ( Smt. Shakila Khatun and Others vs. Ali Husen ), under Section 125 Cr.P.C. whereby the case of revisionist under Section 125 Cr.P.C. was dismissed.
2. Heard learned counsel for the revisionist, learned counsel for the respondent No. 2, learned A.G.A. for the State and perused the record.
3. It has been argued by learned counsel for the revisionist that impugned judgment and order is against the facts and law and thus liable to be set aside. Referring to facts of the matter, it was submitted that marriage/Nikah of revisionist with opposite party No. 2 has taken place in the year 2006 but she was harassed by the opposite
Maintenance – Right of a Muslim divorced woman to invoke secular statutory provision of Section 125 of Cr.P.C. (Section 144 of BNSS) is not entirely barred, even if her former husband discharges his ....
A divorced Muslim woman can assert her right to maintenance under Section 125 of Cr.P.C. despite prior agreements, if those agreements fail to provide adequate future support.
A divorced Muslim woman is entitled to claim maintenance under Section 125 of the CrPC, and the Family Court has jurisdiction to entertain such claims, irrespective of the provisions of the Muslim Wo....
Point of Law : Muslim Women Protection Act - Liability under Section 3 - Husband cannot be fastened with liability to continue to pay the maintenance under Section 125 of Cr.P.C till the wife invokes....
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
A husband must provide maintenance to his wife if she is unable to support herself, even post-divorce under certain conditions, emphasizing the necessity of evidence in divorce claims.
Divorced Muslim wives are entitled to maintenance under S.125 of CrPC until obligations under specific statutory provisions are fulfilled.
A divorced Muslim woman can claim maintenance beyond the Iddat period if she cannot maintain herself, as established by statutory provisions.
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