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2002 Supreme(Online)(Del) 2

DELHI HIGH COURT
Sh. R. K. Yadav, J
Mohd. Tahir v. State and Others


Table of Content
1. petition under crpc for maintenance. (Para 1 , 2)
2. argument regarding the status of divorced women. (Para 3)
3. discretion of court in awarding maintenance. (Para 4)
4. decision to dismiss the appeal. (Para 5)

1. This petition under S.397/401, CrPC r/w. S. 482, CrPC is directed against the judgment and order dated 12-3-1998 passed by Sh. R. K. Yadav, ASJ, Shahdara holding that the order of maintenance under S.125, CrPC in favour of respondent No. 2 would operate from the date of the application.

2. Smt. Yasmin (respondent No. 2) and Master Shahbaz, minor through her mother, filed a petition under S.125, CrPC against the petitioner for grant of maintenance. It was alleged that respondent No. 2 was married to the petitioner on 28th March, 1989 as per muslim rites and ceremonies. Respondent No. 3 was born out of the said wed - lock. The petitioner mal - treated the respondent No. 2 for bringing less dowry. She was deserted and was forced to live with her parents. Petitioner refused to take her back. It was stated that petitioner was working in the MCD. Respondent No. 2 was uneducated and was not be able to maintain herself and her child. Petitioner filed reply stating



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