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IN THE HIGH COURT OF KERALA
R. Banumathi, Indira Banerjee, JJ
Rana Nahid @ Reshma @ Sana – Appellant
Versus
Sahidul Haq Chisti – Respondent
| Table of Content |
|---|
| 1. details of the appeal and marriage. (Para 1 , 2) |
| 2. background of maintenance applications. (Para 4 , 5) |
| 3. arguments regarding jurisdiction and applicable law. (Para 6 , 24) |
| 4. court observations on legal provisions and previous rulings. (Para 7 , 8 , 9 , 10 , 19 , 22) |
| 5. ratio decidendi based on statutory interpretation. (Para 14 , 17 , 21 , 29 , 33 , 68) |
| 6. conclusion regarding the family court's jurisdiction. (Para 25) |
| 7. final order and referral to larger bench. (Para 80) |
JUDGMENT
R. Banumathi, J.
This appeal arises out of the judgment dated 28.07.2010 passed by the High Court of Rajasthan Bench at Jaipur in S.B. Criminal Revision Petition No. 295 of 2009 in and by which High Court allowed the revision petition filed by the respondent thereby setting aside the order passed by the Family Court which has converted the application for maintenance under Section 125 Cr.P.C. into Section 3 of the Muslim Women (Protection of Rights on Divorce) Act , 1986 and also setting aside the maintenance amount awarded to appellant No.1.
2. Brief facts of the case which led to the filing of this appeal are that the marriage between appellant No.1-Rana Nahid @ Reshma @ Sana and respond
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