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2001 Supreme(MP) 96

S.L.KOCHAR
MUNNI MUBARIK – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
Sunil Yadav, Yashpal Rathore

S. L. KOCHAR, J.

( 1 ) THIS petition has been filed by the applicant Munnibai alias Mubarik wife of the Non-applicant Shabaz Khan under Section 482 of the Code of Criminal Procedure against the order dated 04. 12. 2000 passed by the Third Addi. Sessions Judge. Alirajpurin Cr. Revision No. 24/2000 granting maintenance to the applicant from the date of order dated 25. 05. 2000 passed by the Judicial Magistrate First Class, Alirajpur upto the date of divorce to her by the Non-applicant dated 07. 10. 2000 at the rate of Rs. 500/- (Five hundred, rupees) per month.

( 2 ) LEARNED counsel for the applicant, Shri Yashpal Rathore has submitted that in view of the recent judgment pronounced by the Supreme Court in the case of Danial Latifi and another v. Union of India1 a divorced Muslim woman can seek and granted a maintenance under Section 125 of the Code of Criminal Procedure beyond the period of IDDAT till her remarriage. Against this, the counsel for the Non-applicant Shri Sanjay Kumar Yadav submitted that in the facts and circumstances of the present case, (Danial latifis case Supra) is not applicable. A divorced Muslim Woman/wife cannot seek maintenance beyond IDDAT under Section 125 o





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