SHAMIM ARA Vs. STATE OF UTTAR PRADESH
LAWS(SC)-2002-10-63
SUPREME COURT OF INDIA
Decided on
October 01,2002
SHAMIM ARA
Appellant
VERSUS
State Of U.P. And Anr
Respondents
Referred Judgements :-
SRI JIAUDDIN AHMED V. MRS. ANWARA BEGUM [REFERRED TO]MUST.RUKIA KHATUN V. ABDUL KHALIQUE LASKAR [RELIED ON]
BAITAHKA VS. ALIHUSSAINFIDAALLICHOTHIA [REFERRED TO]
MANOLI PATHAYI VS. MOIDEEN [REFERRED TO]
A YOUSUF RAWTHER VS. SOWRAMMA [REFERRED TO]
MOHAMMED HANEEFA VS. PATHUMMAL BEEVI [REFERRED TO]
KATHIYUMMA VS. URATHEL MARAKKAR [OVERRULED]
Cited Judgements :-
MOHD. ASHRAF KHAN VS. NAJMA BANO [LAWS(CHH)-2020-1-72] [REFERRED TO]JAHANARA BEGUM VS. SIRAJUL MALLICK [LAWS(CAL)-2004-12-40] [REFERRED TO]
SABIRA BEGUM KAZI MUMTAZ VS. KAZI MUMTAZ MOHIUDDIN KAZI GHOUS MOHIUDDIN [LAWS(BOM)-2006-9-96] [REFERRED TO]
MOHD. AKHTAR MANSOORI VS. STATE OF C.G. [LAWS(CHH)-2021-10-75] [REFERRED TO]
SAJANI VS. KALAM PASHA [LAWS(KER)-2021-9-45] [REFERRED TO]
KOLLOLI MUJEEB @ MAJEED VS. NASEEBA AND OTHERS [LAWS(KER)-2018-1-600] [REFERRED TO]
P.U.MOHAMMED BASHEER VS. N.P.SULAIKHA [LAWS(KER)-2019-7-8] [REFERRED TO]
MOHAMMED MUSTAFA VS. FARIDHA BANU [LAWS(MAD)-2009-8-117] [REFERRED TO]
RUKSHANA VS. MOHD. SALIM @ SEEMA [LAWS(P&H)-2003-4-127] [REFERRED TO]
MUSTARI BEGUM VS. MIRZA MUSTAQUE BAIG [LAWS(ORI)-2005-2-38] [REFERRED TO]
JAHFER SADIQ E. A. VS. MARWA [LAWS(KER)-2022-7-221] [REFERRED TO]
SANJEEDA VS. SHAFI MOHAMMED [LAWS(MPH)-2006-8-7] [REFERRED TO]
MAKKATTU KALATHIL SULAIKHA D/O SAIDALAVI VS. PARUTHIPRA SAIDALIKUTTY S/O POCKER [LAWS(KER)-2017-5-104] [REFERRED TO]
NAZEER@ OYOOR NAZEER VS. SHEMEEMA [LAWS(KER)-2016-12-77] [REFERRED TO]
RASHID NAZFI ALIAS RASHID NAJFI VS. SHAHIN GULAB [LAWS(PAT)-2005-8-33] [REFERRED TO]
HUSSAIN GOUSUSAB MUJAWAR VS. NAGINA [LAWS(KAR)-2009-11-32] [REFERRED TO]
S.J.SYED ZIAUDDIN VS. HASINA BANU [LAWS(MAD)-2022-2-84] [REFERRED TO]
M BIRAMANGOL SINGH VS. STATE OF MANIPUR, REPRESENTED BY COMMISSIONER/SECRETARY (EDUCATION) [LAWS(MANIP)-2018-2-4] [REFERRED TO]
SHAIK APSAR VS. STATE OF A P [LAWS(APH)-2003-8-73] [REFERRED TO]
PATTAM GOUSHA BI VS. PATTAN JOHN SHAIDA [LAWS(APH)-2022-5-27] [REFERRED TO]
SAFIYA AND ANOTHER VS. SHAFIQ AHMAD MIR [LAWS(J&K)-2018-4-89] [REFERRED TO]
SHAHABUDDIN VS. SMT. SHAKEELA & ANOTHER [LAWS(ALL)-2016-12-140] [REFERRED TO]
PRAVEEN RAO VS. STATE OF UTTARAKHAND [LAWS(UTN)-2011-9-10] [REFERRED TO]
REHANA KHAN @ RAM KUMARI AND ANOTHER VS. STATE OF M P AND ANOTHER [LAWS(MPH)-2012-8-447] [REFERRED]
SHABNAM BANO VS. MOHD. RAFIQ [LAWS(RAJ)-2009-5-60] [REFERRED TO]
KAMARDEEN VS. HASHMAT BANO [LAWS(RAJ)-2011-8-256] [REFERRED]
KAUSARBI KASIM MULLA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-8-173] [REFERRED TO]
EJAZ SHARIFF VS. RUKSANA PARVEEN [LAWS(KAR)-2021-4-177] [REFERRED TO]
SHAIKHINABEE SAYYAD WALI SHAIKH VS. SAYED WALI [LAWS(BOM)-2011-3-48] [REFERRED TO]
BISMILLAH BEE VS. FAIZAL KHAN S/O MEHTAB KHAN [LAWS(BOM)-2008-5-53] [REFERRED TO]
SHAHID AZAD VS. UNION OF INDIA [LAWS(DLH)-2018-9-322] [REFERRED TO]
YUSAF VS. AYSHA P A [LAWS(KER)-2013-12-144] [REFERRED]
S. REHANA SULTHANA VS. B. MOHAMMAD GHOUSE AND ORS. [LAWS(APH)-2016-3-19] [REFERRED TO]
SHAHANA VS. STATE OF U P [LAWS(ALL)-2010-9-61] [REFERRED TO]
JAVID AHMAD WANI ALIAS WAZA VS. NIGEENA AKHTER [LAWS(J&K)-2018-8-40] [REFERRED TO]
ABDUL QAYOUM VS. IST ADDITIONAL SESSIONS JUDGE [LAWS(J&K)-2017-3-34] [REFERRED TO]
BAHARUN SAIKIA VS. STATE OF ASSAM [LAWS(GAU)-2018-12-100] [REFERRED TO]
GULTAJ BEE VS. HANIF KHAN [LAWS(MPH)-2008-10-43] [REFERRED TO]
HASEENABI D/O WASAL BAIG VS. KADIR BAIG S/O RASUL BAIG [LAWS(MPH)-2007-10-108] [REFERRED]
MOHAMMAD ALI BHAT VS. SHAFEEQA BANO [LAWS(J&K)-2022-9-17] [REFERRED TO]
SHABINA KHATUN @ SHAMINA KHATUN, SHAHNAZ KHATUN, ANJUM ARA AND MD AZAM ANSARI VS. STATE OF BIHAR AND FATIMA KHATUN [LAWS(PAT)-2009-11-148] [REFERRED]
SMT. SHAKEELA BANO VS. SALEEM UDDIN [LAWS(ALL)-2016-2-213] [REFERRED TO]
SMT. VAKILA & ANOTHER VS. STATE OF U.P. & ANOTHER [LAWS(ALL)-2016-12-28] [REFERRED TO]
MOHINUDDIN MIDDYA VS. STATE OF WEST BENGAL [LAWS(CAL)-2004-1-31] [REFERRED TO]
ZAHIRUNNISA VS. WAHAB MOHAMMED [LAWS(CHH)-2005-4-21] [REFERRED TO]
SHAHID AHMED WANI AND ANR. VS. RUBINA AKHTER [LAWS(J&K)-2017-9-34] [REFERRED TO]
MOHAMMAD YASEEN BHAT VS. AISHA YASEEN [LAWS(J&K)-2017-11-113] [REFERRED TO]
GULBAHAR BEGUM VS. STATE OF ASSAM [LAWS(GAU)-2022-5-100] [REFERRED TO]
ABU TALEB ALI VS. HASINA BIBI [LAWS(GAU)-2005-4-39] [REFERRED TO]
MERIZA KHATUN VS. STATE OF ASSAM [LAWS(GAU)-2018-6-140] [REFERRED TO]
RIAZ FATIMA VS. MOHD SHARIF [LAWS(DLH)-2006-11-146] [REFERRED TO]
SHAIKH IRFAN SHAIKH USMAN, AGE 32 YEARS, OCC. SERVICE R/O JAMADAR WADA, SAVADA, TQ. RAVER, DISTRICT JALGAON VS. ZIAUNNISABI SHAIKH IRFAN AGE 25 YEARS, OCC. SERVICE, R/O MASTER COLONY, MEHRUN, TQ. AND DIST. JALGAON [LAWS(BOM)-2016-6-242] [REFERRED TO]
ZOHRA KHATOON VS. JAMIL AKHTAR [LAWS(JHAR)-2010-1-17] [REFERRED TO]
SHABANA BANO VS. IMRAN KHAN [LAWS(MPH)-2008-9-69] [REFERRED TO]
JUVERIA ABDUL MAJID PATNI VS. ATIF IQBAL MANSOORI [LAWS(SC)-2014-9-100] [REFERRED TO]
SYED PARVEZ ALI VS. NAHILA AKHTAR [LAWS(MPH)-2017-4-182] [REFERRED TO]
KAYYUMPARAMB UMMER FAROOQUE VS. PEREDATH NASEEMA [LAWS(KER)-2005-10-22] [REFERRED TO]
KHAIRUNNISSA BEGUM W O ASLAMKHAN VS. ASLAMKHAN S O AKBAR ALI KHAN [LAWS(BOM)-2008-7-28] [REFERRED TO]
JAMALUDDEEN AND OTHER VS. FATHIMA [LAWS(KER)-2018-2-393] [REFERRED TO]
ZAHIDA ANJUM VS. STATE OF U.P. [LAWS(ALL)-2023-7-38] [REFERRED TO]
HUSNA PARVEEN VS. RASHID AHMAD [LAWS(ALL)-2015-10-171] [REFERRED TO]
JAMSEED VS. MOHD. AKBAR KHAN [LAWS(RAJ)-2004-2-64] [REFERRED TO]
MOHD. NASEEM BHAT VS. BILQUEES AKHTER & ANR. [LAWS(J&K)-2015-12-22] [REFERRED TO]
MOHD. AKRAM VS. FAMIDA NAZ AND ORS. [LAWS(J&K)-2017-9-1] [REFERRED TO]
ABDUL QAVI ABBASSI AND ORS. VS. STATE OF A.P. AND ORS. [LAWS(APH)-2015-2-4] [REFERRED TO]
T.ABBAS VS. M.AYESHA [LAWS(MAD)-2020-2-126] [REFERRED TO]
NAZYEEMA VS. MYDEEN BATCHA [LAWS(MAD)-2019-9-532] [REFERRED TO]
M SHAHUL HAMEED VS. A SALIMA [LAWS(MAD)-2002-11-29] [REFERRED TO]
MUSSTT REBUN NESSA VS. MUSSTT BIBI AYESHA [LAWS(GAU)-2010-9-24] [REFERRED TO]
IQBAL AHMED S/O JAMIL AHMED VS. SHAHANA ANJUM W/O IQBAL AHMED [LAWS(BOM)-2020-1-269] [REFERRED TO]
PARVIN ISMILE SHAIKH VS. ISMAIL HUSSAIN SHAIKH [LAWS(BOM)-2008-5-56] [REFERRED TO]
SHAIKH HAFIZ SHAIKH HABIB VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-7-7] [REFERRED TO]
NAZIR AHMAD VS. STATE [LAWS(J&K)-2007-9-5] [REFERRED TO]
ARSHID HUSSAIN BHAT VS. ASIA JAN [LAWS(J&K)-2010-12-70] [REFERRED TO]
AMINA BANOO VS. AB MAJID GANAI [LAWS(J&K)-2005-3-42] [REFERRED TO]
RESHMA UNNUS SHAIKH VS. UNNUS AYUB SHAIKH [LAWS(BOM)-2013-8-253] [REFERRED TO]
KUNHUMUHAMMED VS. AYISHAKUTTY [LAWS(KER)-2010-3-100] [REFERRED TO]
PALLIPATTU KADEEJA D/O ASSAINAR VS. K. BEERAN S/O MOHAMMED [LAWS(KER)-2009-5-261] [REFERRED TO]
SHAHZAD VS. ANISA BEE [LAWS(MPH)-2006-1-48] [REFERRED TO]
YASIN QUARAISHI VS. NOORJAHAN KHATOON [LAWS(JHAR)-2009-5-25] [REFERRED TO]
HAMZA, S/O.MUHAMMED KUTTY VS. ASYA, D/O.CHOORAKKODAN MOIDU [LAWS(KER)-2012-11-455] [REFERRED TO]
MASRAT BEGUM VS. ABDUL RASHID KHAN [LAWS(J&K)-2014-3-1] [REFERRED TO]
MUZAFFFAR AHMAD THOKER VS. SHAHEENA AKHTER [LAWS(J&K)-2018-3-21] [REFERRED TO]
SYED WASIULLAH HUSSAINI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2010-2-64] [REFERRED TO]
BIBI RAHMAT KHATOON ALIAS BIBI RAHMAT VS. STATE OF BIHAR [LAWS(PAT)-2007-8-32] [REFERRED TO]
ABDUL RASHID KHAN VS. MUSTAFIRAN BIBI [LAWS(ORI)-2006-5-8] [REFERRED TO]
SALIM VS. INDIRA [LAWS(RAJ)-2004-6-8] [REFERRED TO]
ZAMRUD BEGUM VS. K MD HANEEF [LAWS(APH)-2002-12-46] [REFERRED TO]
JUBEDABI VS. ABDUL JABBAR ABDUL KARIM MUL [LAWS(KAR)-2006-8-65] [REFERRED TO]
MOHAMMAD IBRAHIM VS. MEHRUNISA BEGUM [LAWS(KAR)-2003-11-49] [REFERRED TO]
SHAMIM BANO VS. ASRAF KHAN [LAWS(CHH)-2012-3-29] [REFERRED TO]
NUDRA PRAVEEN AND 2 OTHERS VS. STATE OF U P AND ANR [LAWS(ALL)-2017-4-459] [REFERRED TO]
MOHAMMED SYFUDDINSHAREEF VS. MOHD KAUSER JAHA [LAWS(APH)-2019-8-14] [REFERRED TO]
KHURSHEED AHMAD BHAT VS. SHABNUM ARA [LAWS(J&K)-2015-11-14] [REFERRED TO]
HAJI MIYA VS. ABEDA BANU [LAWS(APH)-2008-7-56] [REFERRED TO]
ZAHOOR AHMAD BANDAY VS. YASMEEN JAN [LAWS(J&K)-2005-5-16] [REFERRED TO]
SHAYARA BANO VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2017-8-39] [REFERRED TO]
IQBAL BANO VS. STATE OF U P [LAWS(SC)-2007-6-42] [REFERRED TO]
WALI MOHAMMED AND VS. BATULBAI [LAWS(MPH)-2003-5-31] [REFERRED TO]
IRSHAD KHAN VS. RANI [LAWS(MPH)-2009-2-7] [REFERRED TO]
REHANA KHAN ALIAS RAM KUMARI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2012-8-128] [REFERRED TO]
SHAMEENA SIDDIQUE VS. M.ABUBEKHAR SIDDIQ [LAWS(KER)-2022-4-171] [REFERRED TO]
K M TAJUDDIN ALIAS K SURAJ VS. SHAKIRA PARVEEN [LAWS(MAD)-2009-7-113] [REFERRED TO]
ALIMA BEGUM VS. ABDUL KADIR [LAWS(GAU)-2012-12-69] [REFERRED TO]
NUR ALI VS. THAMBAL SANA BIBI [LAWS(GAU)-2006-12-36] [REFERRED TO]
MOHAMMAD ZIRGHAM ANSARI VS. SHAMIMA BEGAM [LAWS(ALL)-2019-1-137] [REFERRED TO]
MASOOR AHMED VS. STATE NCT OF DELHI [LAWS(DLH)-2007-10-57] [REFERRED TO]
BEGUM BEE MOULAN BEE VS. SHAIK HUSSAIN [LAWS(APH)-2011-12-25] [REFERRED TO]
BHAVNA @ SAHAR WASIF VS. FLG. OFF. RAJIV GAKHAR [LAWS(P&H)-2009-9-25] [REFERRED TO]
MD. QUAMRUZZAMAN VS. BEGAM ARA [LAWS(PAT)-2019-8-4] [REFERRED TO]
ZAHEER VS. GOUSIA BANO [LAWS(KAR)-2020-9-354] [REFERRED TO]
JUDGEMENT
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(1.)Shamim Ara, the appellant and Abrar Ahmed, the respondent No. 2 were married some time in 1968 according to Muslim Shariyat Law. Four sons were born out of the wedlock. On 12-4-1979, the appellant, on behalf of herself and for her two minor children, filed an application under Sec. 125 Cr.P.C. complaining of desertion and cruelty on the part of respondent No. 2 with her. By order dated 3-4-1993 the learned Presiding Judge of the Family Court at Allahabad refused to grant any maintenance to the appellant on the ground that she was already divorced by the respondent, and hence, not entitled to any maintenance. However, maintenance at the rate of Rs. 150/- per month was allowed for one son of the appellant for the period during which he remained a minor, the other one having become major during the pendency of the proceedings.
(2.)The respondent No. 2 in his reply (written statement) dated 5-12-1990, to the application under Sec. 125 Cr.P.C., denied all the averments made in the application. One of the pleas taken by way of additional pleas is that he had divorced the appellant on 11-7-1987, and since, then the parties had ceased to be spouses. He also claimed protection behind the Muslim Women (Protection of Rights on Divorce) Act, 1986 and submitted that the respondent No. 2 had purchased a house and delivered the same to the appellant in lieu of Mehar (Dower), and therefore, the appellant was not entitled to any maintenance. No particulars of divorce were pleaded excepting making a bald statement as already stated hereinabove.
(3.)The appellant emphatically denied having been divorced at any time. The respondent No. 2, when he appeared in the witness-box, stated having divorced the appellant on 11-7-1987 at 11-00 a.m., in the presence of Mehboob and other 4-5 persons of the neighbourhood. He further stated that since 1988 he had not paid anything either to the appellant or to any of the four sons for their maintenance. The divorce said to have been given by him to the appellant was a triple talaq though such a fact was not stated in the written statement.
(2.)The respondent No. 2 in his reply (written statement) dated 5-12-1990, to the application under Sec. 125 Cr.P.C., denied all the averments made in the application. One of the pleas taken by way of additional pleas is that he had divorced the appellant on 11-7-1987, and since, then the parties had ceased to be spouses. He also claimed protection behind the Muslim Women (Protection of Rights on Divorce) Act, 1986 and submitted that the respondent No. 2 had purchased a house and delivered the same to the appellant in lieu of Mehar (Dower), and therefore, the appellant was not entitled to any maintenance. No particulars of divorce were pleaded excepting making a bald statement as already stated hereinabove.
(3.)The appellant emphatically denied having been divorced at any time. The respondent No. 2, when he appeared in the witness-box, stated having divorced the appellant on 11-7-1987 at 11-00 a.m., in the presence of Mehboob and other 4-5 persons of the neighbourhood. He further stated that since 1988 he had not paid anything either to the appellant or to any of the four sons for their maintenance. The divorce said to have been given by him to the appellant was a triple talaq though such a fact was not stated in the written statement.
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