Supreme Court of India
Shahjahan v. The State of Uttar Pradesh & Anr. R1: the State of Uttar Pradesh R2: Sri Gaffar Khan
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What the Court ordered
We are of the view that maintenance could not have been denied to the appellant-wife under the prevailing circumstances.
Judgment, page 8
From the headnote
Issue for Consideration Matter pertains to the correctness of the order passed by the High Court upholding the order passed by family court not awarding any maintenance to the appellant-wife. Headnotes† Code of Criminal Procedure, 1973 – s.125 – Maintenance – Appellant-wife married to respondent no.2-husband according to Islamic customs and had two children – Husband filed divorce suit against the appellant in the ‘Court of Kazi’ which came to be dismissed in terms of the compromise between the parties – Three years later, husband filed for divorce in the ‘Court of (Darul Kaja) Kajiyat’ which
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