SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1987 Supreme(SC) 72

A.P.SEN, S.NATARAJAN
Dukhtar Jahan – Appellant
Versus
Mohammed Farooq – Respondent


Advocates:
Altaf Ahmed, V.A.BOBDE

Judgement

NATARAJAN, J.:- This is an unfortunate case where the High Court has quashed an order of maintenance passed in favour of a minor child Tarana Farooq by the Special Judicial Magistrate No. 1, Rampur under Section 125, Cr. P.C., in exercise of its powers under S. 482, Cr. P.C. The High Court has, however, deemed it fit to grant a certificate to the appellant Dukhtar Jahan, the mother of the minor child, under Article 134(1)(c) read with Article 134A of the Constitution to prefer an appeal to this Court for consideration of a question of law formulated as under :-

"Whether, in an application under Section 482, Cr. P.C. the High Court can interfere with concurrent findings rendered by the Courts below".

2. As we find the appeal is capable of being disposed of on the basis of other materials, we do not feel called upon to answer the question of law formulated for consideration by the High Court.

3. We may now have a look at the facts of the case. The appellant Dukhtar Jahan and the respondent Mohammed Farooq who were already related as first cousins, being the issues of two sisters, were married on 11-5-1973. The marriage lasted only for about 17 months since the respondent divorc




















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top