SABRA SHAMIM Vs. MAQSOOD ANSARI
LAWS(SC)-2002-8-135
SUPREME COURT OF INDIA
Decided on
August 23,2002
SABRA SHAMIM
Appellant
VERSUS
MAQSOOD ANSARI
Respondents
Cited Judgements :-
SYED MOHSIN ALI SYED SHAUKAT ALI VS. NOORUS SAHER SYED MOHSIN ALI [LAWS(BOM)-2005-3-88] [REFERRED TO]HUSSAIN GOUSUSAB MUJAWAR VS. NAGINA [LAWS(KAR)-2009-11-32] [REFERRED TO]
F SHEIK HUSSAIN VS. FARIDHA BANU [LAWS(MAD)-2008-7-355] [REFERRED TO]
SHABANA BANO VS. IMRAN KHAN [LAWS(MPH)-2008-9-69] [REFERRED TO]
ZAHID KHATOON VS. NURUL HAQUE KHAN [LAWS(ALL)-2022-12-125] [REFERRED TO]
ANWAR VS. SHAMIM BANO [LAWS(RAJ)-2012-4-160] [REFERRED TO]
SMT. NAZMA W/O SHRI ABDUL GAFFAR KAJI VS. ABDUL GAFFAR S/O SHRI FAQRUDDIN KAJI [LAWS(RAJ)-2017-9-99] [REFERRED TO]
IQBAL BANO VS. STATE OF U P [LAWS(SC)-2007-6-42] [REFERRED TO]
JUDGEMENT
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(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.
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