SAHEBKHAN K MALEK Vs. JAMILASRANU S MALEK
SUPREME COURT OF INDIA (FROM: GUJARAT)
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(1.)We have heard Shri Aseem Mehrotra learned counsel appearing for the appellant, smt. Jamilasranu S. Malek respondent no. 1 who appears in person and Mrs. Hemantika Wahi, learned counsel for State of Gujarat.
(2.)The appellant and respondent no. 1 who are muslims were married on 21/2/1992. A son named Anis was born out of the wedlock. Thereafter, on 28/12/1993, the appellant divorced respondent no. 1.
(3.)On 28/3/1994, respondent no. 1 filed an application under section 125 of the Code of Criminal Procedure claiming Rs. 500. 00 per month as maintenance for herself and rs. 400. 00 per month for her son. The learned magistrate by the order passed on 31.5.97 granted maintenance of Rs. 500. 00 per month for respondent no. 1 and Rs. 400. 00 per month for her son. The said order was unsuccessfully challenged by the appellant in revision before the sessions court. In the petition filed under section 482 of Criminal Procedure Code by the appellant herein, the High Court maintained the order granting maintenance to respondent no. 1 and her son. The order of the High court is under challenge in this appeal.
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