Sabra Shamim
v.
Maqsood Ansari
(Supreme Court Of India)
Criminal Appeal No. 856 Of 2002 | 23-08-2002
(1) Delay condoned.
(2) The High Court proceeded on a premise that the Muslim Women (Protection of Rights on Divorce) Act, 1986 provides that a divorced wife will be entitled to maintenance till the iddat period only and not any further and on that basis set aside the order made by the Principal Judge, Family Court, Dhanbad in Misc. Case No. 40 of 1991 (arising out of MP Case No. 19 of 1982). This proposition of law on which the High Court proceeded is plainly contrary to the decision of this Court in Danial Latifi v. Union of India. Therefore, the order made by the High Court is set aside and the order made by the Family Court stands restored. The appeal is allowed accordingly.
(2) The High Court proceeded on a premise that the Muslim Women (Protection of Rights on Divorce) Act, 1986 provides that a divorced wife will be entitled to maintenance till the iddat period only and not any further and on that basis set aside the order made by the Principal Judge, Family Court, Dhanbad in Misc. Case No. 40 of 1991 (arising out of MP Case No. 19 of 1982). This proposition of law on which the High Court proceeded is plainly contrary to the decision of this Court in Danial Latifi v. Union of India. Therefore, the order made by the High Court is set aside and the order made by the Family Court stands restored. The appeal is allowed accordingly.
Advocates List
For the Appearing Parties ------------------
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE S. RAJENDRA BABU
HON'BLE MR. JUSTICE P. VENKATARAMA REDDI
Eq Citation
(2004) 9 SCC 616
LQ/SC/2002/864
HeadNote
Family and Personal Laws — Maintenance — Muslim Women Protection of Rights on Divorce Act, 1986, Ss. 3 and 12 — Maintenance — Duration of — Held, a divorced wife is entitled to maintenance till the iddat period only and not any further — Maintenance Act, 1950, S. 12
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