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Search Results for "Muslim divorcee maintenance"

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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...

High Court

Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

17 Mar 2021

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

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 Husband's Petition Challenging Interim Maintenance to Wife Under Domestic Violence Act. Court upholds maintenance order holding that wife's earning does not absolve husband's obligation to maintain under Section 20 of Protection of Women from Domestic Violence Act, 2005.

5 Aug 2019

The petitioner, Akhtar Jafar Bagwan, challenged the order of the Judicial Magistrate First Class, Cantonment Court, Pune, dated 27 March 2017, which d...

High Court

Bombay High Court Dismisses Revision in Domestic Violence Case — No Domestic Relationship After Divorce. Wife's Application Under Sections 12 and 18 of Protection of Women From Domestic Violence Act, 2005 Rejected as She Was Not Living with Husband After Divorce Granted in 2008.

18 Apr 2019

The case involves a criminal revision application filed by Smt. Sadhana Walwatkar against the dismissal of her application under Sections 12 and 18 of...

High Court

Bombay High Court Allows Husband's Petition in Maintenance Case Under Section 125 CrPC — Reverses Sessions Court Order Granting Maintenance to Wife. Court Holds That Wife's Refusal to Live with Husband Without Sufficient Reason and Her Earning Capacity Disentitle Her to Maintenance Under Section 125(4) CrPC.

24 Aug 2018

The case involves a criminal writ petition filed by the husband under Article 227 of the Constitution of India challenging the order of the Additional...

High Court

Bombay High Court Allows Wife's Revision in Maintenance Case Under Section 125 CrPC — Husband's Allegation of Adultery Not Proved. Court Held That Mere Allegations of Illicit Relationship Without Evidence Do Not Disentitle Wife to Maintenance.

16 Mar 2011

The petitioner, Shaikhinabee, filed a criminal revision application against the order of the Sessions Court, Nanded, which set aside the maintenance a...

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. ...

High Court

Bombay High Court Allows Revision in Muslim Divorcee Maintenance Case — Husband Liable to Pay Maintenance Beyond Iddat Period Under Section 3(2) of Muslim Women (Protection of Rights on Divorce) Act, 1986. The court held that a reasonable and fair provision for future maintenance must be made, and the Sessions Judge erred in reducing it to only the iddat period.

20 Oct 2006

The applicant, Shabana Parveen, filed a Criminal Revision Application under Section 482 read with Section 397 of the Criminal Procedure Code, challeng...

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