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2026 Supreme(Online)(All) 785

Smt Humaira Riyaz – Appellant
Versus
State of U.P. – Respondent


Heard Sri B.A. Khan, learned Senior Advocate assisted by Sri Zawwar Haider Naqvi, learned counsel for the revisionist, Sri Rahul Mishra, learned Senior Advocate assisted by Sri Afzal Ahmad Khan Durrani, learned counsel appearing for the opposite party no.2, and the learned A.G.A. for the State, and perused the record.

1. The present criminal revision has been filed challenging the order dated 27.05.2025 passed by the learned Principal Judge, Family Court, Prayagraj in Maintenance Case No. 604 of 2020 (Smt. Humaira Riyaz and others vs. Mohammad Daud) under Section 125 Cr.P.C., whereby the application for maintenance filed by the revisionist/wife has been rejected while maintenance has been awarded to the two minor sons.

2. Learned counsel for the revisionist submits that the marriage of the revisionist with her first husband, namely Abdul Waheed Ansari, was solemnized on 03.02.2002. It is contended that the said husband had already pronounced talaq on 27.02.2005. Thereafter, a declaratory suit was filed before the Family Court and, by decree dated 08.01.2013 passed in Marriage Petition No. 06 of 2007, the aforesaid talaq dated 27.02.2005 was declared valid. It is further submitted tha

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