In Re: Sarifa Bibi. v. Nil - 2015 Supreme(Online)(Cal) 2

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(Cal) 2

CALCUTTA HIGH COURT
Toufique Uddin, J.
In Re: Sarifa Bibi. v. Nil

Advocates:
For the Appellants/Petitioners:learned counsel for the petitioner
For the Respondents: learned counsel for the OP No. 1, None appeared for the State of West Bengal

Table of Content
1. facts outlining the background of the marriage and maintenance application. (Para 1 , 2 , 3)
2. arguments regarding the entitlement and interpretation of maintenance post-iddat. (Para 4 , 5 , 8 , 10)
3. court observations on the implications of maintaining post-iddat provisions. (Para 6 , 12 , 15 , 16 , 20)
4. ratio decidendi concerning maintenance obligations beyond the iddat period. (Para 14 , 18)
5. final conclusion ruling in favor of adjusted maintenance amounts. (Para 21)

1. This revision application arose out of judgment and order dated 6-8-2010 passed by the learned Additional Sessions Judge, 1st Court, Bankura in criminal revision No. 35 of 2010 thereby modifying the judgment and order dated 16-2-2010 passed by learned Judicial Magistrate, 6th Court, Bankura in Misc. Case No. 58 of 2008 under S.125 of the Code of Criminal Procedure , 1973.

2. In the background of this revision the fact in gist is that the petitioner is the wife of the OP No. 2 and they were married according to the Islamic rites and rituals on 13.3.2005. After her marriage, the petitioner started residing with the OP and gave birth to a daughter who is a minor. The OP No. 2 used to torture the

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2015 Supreme(Online)(Cal) 2

CALCUTTA HIGH COURTToufique Uddin, J.In Re: Sarifa Bibi. v. Nil

Cases Referred (2)

CALCUTTA HIGH COURT
Toufique Uddin, J.
In Re: Sarifa Bibi. v. Nil