Supreme Court · 2014 INSC 282 · Decided 16 April 2014
Shamim Sano v. Asraf Khan
- Court
- Supreme Court of India
- Citation
- 2014 INSC 282 · [2014] 4 S.C.R. 844
- Case number
- CRIMINAL APPEAL No. 820/2014
- Decided
- 16 April 2014
- Bench
- DIPAK MISRA, VIKRAMAJIT SEN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 125
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: c s.125 ·Claim of maintenance by a Muslim woman, who during the pendency of application was divorced - Held: Application u/s 125 was prior to date of divorce and hearing of application continued • Husband contested the same without raising the plea of of Rights on Divorce) Act for grant of maintenance was filed, parameters of s. 125 CrPC would have been made applicable, as Magistrate still retains the power of granting maintenance to a divorced Muslim wife uls 125 CrPC - Besides, when a marriage breaks up, the wife E suffers - It is
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