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2009 Supreme(SC) 1809

B.SUDERSHAN REDDY, DEEPAK VERMA
Shabana Bano – Appellant
Versus
Imran Khan – Respondent


Advocates:
Cases referred :
1. Danial Latifi & Anr. Vs. Union of India(2001) 7 SCC 740, Relied. (Para 24)
2. Iqbal Bano Vs. State of U.P.& Anr. (2007) 6SCC 785, Relied. (Para 24)

JUDGMENT

Deepak Verma, J.—

1. Leave granted.

2. Appellant Shabana Bano was married to the respondent Imran Khan according to Muslim rites at Gwalior on 26.11.2001. According to the appellant, at the time of marriage, necessary household goods to be used by the couple were given. However, despite this, the respondent-husband and his family members treated the appellant with cruelty and continued to demand more dowry.

3. After some time, the appellant became pregnant and was taken to her parents’ house by the respondent. The respondent threatened the appellant that in case his demand of dowry is not met by the appellant’s parents, then she would not be taken back to her matrimonial home even after delivery.

4. Appellant delivered a child in her parental home. Since even after delivery, respondent did not think it proper to discharge his responsibility by taking her back, she was constrained to file a petition under Section 125 of the Code of Criminal Procedure (for short, ‘Cr.P.C.’) against the respondent in the Court of Family Judge, Gwalior. It was averred by the appellant that respondent has been earning a sum of Rs. 12,000/- per month by doing some private work and she had no m



















































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