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2024 Supreme(Online)(SC) 5581

SUPREME COURT OF INDIA
MOHD ABDUL SAMAD – Appellant
Versus
MOHD ABDUL SAMAD – Respondent


ORDER

We have heard learned senior counsel appearing for the petitioner. In this petition, the challenge is to the filing of a petition under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) by the respondent divorced Muslim woman. Learned senior counsel appearing for the petitioner submitted that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to maintain a petition under Section 125 of the contd.. Digitally signed by Neetu Sachdeva Date: 2024.02.12 16:41:33 IST Reason:

    Signature Not Verified - 2 - CrPC and has to proceed under the provisions of the aforesaid 1986 Act. It is also submitted that the 1986 Act is more beneficial to the Muslim woman as compared to Section 125 of the CrPC. We find that this Court would be benefited by having the views of an Amicus Curiae, being appointed in the matter. Hence, we request Shri Gaurav Agarwal, learned senior counsel to be appointed as Amicus Curiae in this case. A set of papers of this case shall be made available by the Registry to Shri Gaurav Agarwal, learned senior counsel. A copy of this Order shall also be made available
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