Supreme Court · 1981 INSC 39 · Decided 18 February 1981
MST. Zohara Khatoon v. MOHD. Ibrahim
- Court
- Supreme Court of India
- Citation
- 1981 INSC 39 · [1981] 2 S.C.R. 910
- Case number
- CRIMINAL APPEAL No. 761/1980
- Decided
- 18 February 1981
- Bench
- S. MURTAZA FAZAL ALI, A.D. KOSHAL, A. VARADARAJAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC
Headnote
Crifninal Procedure Code, 1973, Section 125 ( 1 ), Explanation (b )-Whether hfa1.dstrate conipetcnt to award nu1intrna11ce if under the personal law of the' Jl.t!ohornedan.5, tlie lrife obtained a valid divorce and had completed the period oj 1ddar-"wife'' whether includ:es a woman who has and has not re1narried. The appellant was the legally married wife of the respondent. As he wil· fully neglected her, she filed an application before the Magistrate for mainte· nance under Section 125 of the ,Code of Criminal Procedure 1973. The Magis· trate accepted the
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