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BOMBAY HIGH COURT
Vinay Joshi, J
Sau. Noorjahan w/o Salim Geegani – Appellant
Versus
Mohd. Salim Haji Shakur, Geegani – Respondent
| Table of Content |
|---|
| 1. absence of respondent affects proceedings. (Para 1 , 2) |
| 2. legal basis for maintenance in divorced muslim marriages. (Para 3 , 4 , 5) |
| 3. entitlement to maintenance affirmed by precedent. (Para 6 , 7) |
| 4. modification of prior order to reflect rightful maintenance. (Para 8) |
1.Despite appearing in the proceeding, respondent/husband chooses to remain absent. The matter was adjourned time to time with a hope that respondent/husband would appear and contest the matter, but he failed.
2. Heard learned counsel for the petitioner/wife and gone through the record and proceeding. The petitioner/wife has raised a limited challenge to the order dated 30.11.2011 in Criminal Revision No. 118/2011, by which the maintenance was awarded from 17.03.2011 i.e. when fresh notice after remand, was served on husband. In other words, it is petitioner’s grievance that maintenance has not been awarded from the date of application, which is the limited challenge
3. The litigation has checkered history. The couple married on 09.05.1983, whilst petitioner/wife was divorced by the respondent/husband on 22.08.1983. Since the petitioner/lady was neglected and refused by her husband, she
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