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  • 125 CRPC

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    Vijaykumar D S
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    A Muslim woman filed for maintenance from her husband under Section 125 of the CrPC. The family court had ordered the husband to pay Rs. 1000 monthly in maintenance. The High Court upheld this order, as the fact of divorce had not been proved, no witnesses had examined the alleged divorce, and the divorce certificate from the quazi was likely obtained by the husband and not valid proof of divorce. In a related case, the High Court held that a husband cannot seek cancellation of a maintenance order on the grounds that he subsequently obtained a conjugal rights order, but must file a separate petition under Section 127 to do so.

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    A Muslim woman filed for maintenance from her husband under Section 125 of the CrPC. The family court had ordered the husband to pay Rs. 1000 monthly in maintenance. The High Court upheld this order, as the fact of divorce had not been proved, no witnesses had examined the alleged divorce, and the divorce certificate from the quazi was likely obtained by the husband and not valid proof of divorce. In a related case, the High Court held that a husband cannot seek cancellation of a maintenance order on the grounds that he subsequently obtained a conjugal rights order, but must file a separate petition under Section 127 to do so.

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    192 просмотров1 страница

    125 CRPC

    Загружено:

    Vijaykumar D S
    A Muslim woman filed for maintenance from her husband under Section 125 of the CrPC. The family court had ordered the husband to pay Rs. 1000 monthly in maintenance. The High Court upheld this order, as the fact of divorce had not been proved, no witnesses had examined the alleged divorce, and the divorce certificate from the quazi was likely obtained by the husband and not valid proof of divorce. In a related case, the High Court held that a husband cannot seek cancellation of a maintenance order on the grounds that he subsequently obtained a conjugal rights order, but must file a separate petition under Section 127 to do so.

    Авторское право:

    Attribution Non-Commercial (BY-NC)
    Скачайте в формате DOC, PDF, TXT или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    из 1

    Muslim women – Maintenance – 125 Cr.P.

    2007(1)KAR.L.J 141 Muneer ahmed –v- Safia Mateen @ Saheen

    When fact of divorce not proved and no witnesses examined to prove it as divorce was
    obviously not witnessed by any person, mere certificate issued by quazi probably at
    instance of husband not its proof – maintenance of Rs1000/- p.m by family court-upheld.

    2008[1] Kar.L.J 152 = Srinivasa Gowda -v- H.J. Leelavathi


    Husband who wants cancellation of maintenance order on ground that
    subsequently he has obtained an order for conjugal right cannot seek
    that relief in the proceedings for enforcement of maintenance order, but
    should file independent petition u/s 127.

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