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Search Results for "Muslim wife"

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Supreme Court

Supreme Court Allows Husband's Appeal in Muslim Divorcee Maintenance Case — Section 125 CrPC Remedy Not Barred by Muslim Women Act. The Court held that a divorced Muslim woman can claim maintenance under Section 125 CrPC despite the Muslim Women (Protection of Rights on Divorce) Act, 1986, as the latter does not expressly or impliedly bar the secular remedy.

10 Jul 2024

The appeal arose from an order of the High Court of Telangana which reduced interim maintenance payable by the appellant-husband to the respondent-wif...

High Court

Bombay High Court Dismisses Husband's Revision in Muslim Divorce Maintenance Case — Concurrent Findings Upheld. Husband's Talaq During Pendency of Section 125 Cr.P.C. Does Not Bar Wife's Claim Under Section 3(1)(a) of Muslim Women (Protection of Rights on Divorce) Act, 1986 for Reasonable and Fair Provision.

2 Jan 2024

The case involves a criminal revision application filed by the husband, Khalil Abbas Fakir, challenging the concurrent orders of the Judicial Magistra...

Supreme Court

Supreme Court Allows Anticipatory Bail to Mother-in-Law in Triple Talaq Case — Section 7(c) of Muslim Women (Protection of Rights on Marriage) Act, 2019 Does Not Bar Anticipatory Bail Under Section 438 CrPC. Offence Under the Act Can Only Be Committed by Muslim Husband, Not Mother-in-Law.

3 Dec 2020

The appeal arose from a judgment of the Kerala High Court rejecting an anticipatory bail application filed by the appellant, the mother-in-law of the ...

Supreme Court

Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

18 Jun 2020

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child in International Parental Abduction Case. Court holds that habeas corpus is not maintainable when custody is with lawful guardian and child's welfare requires stability.

30 Jan 2020

The petitioner, Khaled Kamal Hussein Mohamed Kassem, an Egyptian national, filed a habeas corpus petition seeking the production and custody of his mi...

High Court

Bombay High Court Allows Second Appeal in Muslim Divorce Case — Civil Court Cannot Grant Maintenance and Matrimonial Property Relief in Suit Under Dissolution of Muslim Marriages Act, 1939. Held that reliefs of maintenance and share in jointly owned property are not ancillary to divorce under Section 2 of the Act and must be pursued under separate statutory forums.

2 Aug 2018

The case involves a Second Appeal filed by the husband (appellant) against the judgment of the District Judge, Thane, which partly allowed the wife's ...

High Court

Bombay High Court Allows Wife's Maintenance Claim Under Section 125 CrPC Despite Divorce, Upholds Right to Maintenance Until Remarriage. The court held that a divorced Muslim wife is entitled to maintenance under Section 125 CrPC beyond iddat if unable to maintain herself, and the father must maintain his minor daughter irrespective of the wife's conduct.

11 Aug 2016

The present criminal writ petition was filed by the wife (Rehana Sultana Begum) and her minor daughter (Sayeeda Sultana) under Section 125 of the Code...

High Court

Bombay High Court Allows Wife's Appeal for Divorce and Maintenance in Hindu Marriage Act Case — Husband's Cruelty and Desertion Established Despite Dismissal of Earlier Petition. The court held that filing false complaints and desertion constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, and granted divorce with permanent alimony and child maintenance.

16 Sep 2011

The appellant, Smt. Shehnaz Arvind Mudbhatkal (the wife), filed Family Court Appeal No. 38 of 2006 against the judgment and decree dated 30th Septembe...

High Court

Bombay High Court Upholds Minority Scholarship Schemes as Constitutional — Schemes for Minority Communities Do Not Violate Article 14 or 15(1) as They Are Based on Backwardness and Not Religion Alone.

6 Jun 2011

The Bombay High Court disposed of two public interest litigations challenging the constitutional validity of two scholarship schemes for minority comm...

High Court

Bombay High Court Allows Wife's Appeal in Muslim Divorce Dispute — Holds Divorce Agreement as Talak in Ahsan Mode, Not Khula, and Remarriage Valid Without Halala. The court determined that the divorce agreement dated 18th April, 2004 was a Talak in Ahsan mode, and the wife was not required to undergo Halala before remarriage on 5th April, 2007.

23 Mar 2010

The case involves an appeal under section 19 of the Family Courts Act, 1984, arising from a dispute between a Muslim couple. The appellant-wife, Mrs. ...

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