Supreme Court of India
Shamim Sano v. Asraf Khan
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In the result, the appeal is allowed and the impugned orders are set aside and the matter is remitted to the learned Magistrate for re-adjudication of the controversy in question keeping in view the principles stated hereinabove.
Judgment, page 14
From the 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 consent - Even if an application ul 0 s 3 of Muslim Women (Protection 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
Authorities it was built on
Where later benches applied it
Of those, 2 referred to
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