Back
G. R. SWAMINATHAN
M. A. Rafi Ahamed – Appellant
Versus
Vaseela Banu – Respondent
ORDER
The marriage between the petitioner and the respondent was solemnised as per the Islamic rites and customs on 18.4.2010 at Palayamkottai. A male child was born through the wedlock. The parties are doctors by profession. The respondent herein filed DVC No.2 of 2018 on the file of the Judicial Magistrate No.I, Tirunelveli under Sections 12(1) and (2), 18(a) and (b), 19(a), (b) and (c), 20(1)(d) and 22 of the Protection of Women from Domestic Violence Act, 2005. The learned trial Magistrate vide order dated 23.02.2021 directed the petitioner herein to pay a sum of Rs.5 Lakhs as compensation for having inflicted domestic violence on the complainant and a sum of Rs.25,000/- per month towards the maintenance of the minor child. Protection order was also granted. Aggrieved by the said order, the revision petitioner filed Criminal Appeal No.47 of 2021 before the I Additional District and Sessions Judge, Tirunelveli. The appeal was dismissed on 02.12.2022. Questioning the same, this civil revision petition came to be filed under Article 227 of the Constitution of India.
2. The learned counsel appearing for the revision petitioner reiterated all the contentions set out in the memorandu
Burden is entirely on husband to satisfy Court that he had pronounced talaq in the manner approved by law.
A husband must provide valid judicial proof of divorce; failing which the marriage is deemed subsisting, and domestic violence claims entitle the wife to compensation.
A husband must prove specific conditions for a valid divorce under Shariat Law to escape maintenance obligations, including reconciliation efforts and adherence to prescribed procedures.
The court emphasized the principle that a Muslim husband's right to contract a second marriage does not entitle him to compel the first wife to live with him if his conduct amounts to cruelty, as it ....
Point Of Law: If a Muslim woman has been divorced, she would be entitled to claim maintenance from her husband under Section 125 CrPC after expiry of period of iddat also, as long as she does not rem....
Maintenance - Provisions of Section 125 of the Cr.PC must be interpreted in the light of the fact that the Muslim husband, unlike the husbands in any other religion, has a unilateral right to divorce....
Dismissal of a divorce petition does not preclude a wife from seeking compensation and return of property under the Domestic Violence Act, empowering courts to grant relief in such disputes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
