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1995 Supreme(Online)(Bom) 9

BOMBAY HIGH COURT
, J
Mst. Noor Jehan – Appellant
Versus
Salim Haji Shakoor – Respondent


Advocates:
For the Appellants/Petitioners: Mr. A. J. Khan
For the Respondents: Unspecified

1. An important question of law that too of general importance is as to whether a minor child of divorced Muslim wife is entitled to claim maintenance under S.125 of the Code of Criminal Procedure, 1973 (for short "the Cr. P. C.") from his or her father even after he or she has attained the age of more than two years. In other words, the important question of law is whether a divorced woman can claim maintenance from her former husband for the child or children born to her from that husband before or after her divorce even after the child or children have attained the age of two years under S.125, of the Cr. P. C. despite the provisions of S.3(b), of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short "the Act of 1986").

2. The undisputed facts are that the petitioner Mst. Noor Jehan married Salim Haji Shakoor on 8-5-1983 and the petitioner No. 2 Baby was born some where in 1984 from the wedlok of the said marriage. The petitioner No. 1 Mst. Noor Jehan was divorced by the non - applicant No. 2 herein Salim Haji Shakoor on 22-8-1983 and thus the petitioner No. 2 Baby was born to Mst. Noor Jehan after the divorce from her former husband - non - applicant No. 2. B

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