The Supreme Court has granted relief to the Muslim woman from Ajmer. Pending the decision of the pending case before the lower court, the Muslim woman’s husband, Shahid-ul-Haq Chishti, has been sentenced to pay Rs.
This decision was rendered by Justice SK Kaul, Justice Abhay S. Oka, a bench of three from Justice Vikram Nath. Lawyer Sunil Kumar Singh argued in the Supreme Court on behalf of the applicant Muslim woman.
Lawyer Sunil Singh said that on March 8, 1998, Muslim woman Rana Nahid married Shahidul Haq Chishti from Ajmer. From this marriage a child was born on October 16, 2000. Later, on April 23, 2005, the husband divorced the wife according to Muslim custom. Therefore, on March 24, 2008, the wife applied to the family court for maintenance under Section 125 CrPC. On December 8, 2008, the Family Court accepted the application under the Muslim Women (Protection of Rights on Divorce) Act 1986. The court ordered 2,000 monthly alimony for the son until he came of age and three lakhs as a lump sum alimony.
Later, on July 28, 2010, the Rajasthan High Court granted the husband’s appeal and denied the wife’s appeal. Order to submit an application to the Magistrate under Section 3 of the Muslim Women (Protection of Rights in Divorce) Act 1986. Later, on September 8, 2014, the Divisional Bank of Rajasthan High Court increased the preliminary alimony payment from two thousand to seven thousand. But the husband stopped paying alimony as of 2018.
In such a situation, the wife lodged an appeal with the Supreme Court, on which the chamber senate issued a dissenting opinion on June 18, 2020 and the matter was referred to the larger chamber. The matter was heard before a three-judge chamber of the Supreme Court on September 22, 2022. After a lengthy hearing, the Chamber ruled in favor of the wife and ordered the payment of one lakh rupees as preliminary alimony. At the same time, an order was issued to pay 20,000 rupees a month until the pending cases in the lower court are settled. In this case it is also decided whether a family court can hear cases related to a Muslim wife? The date for the next hearing of the case has not yet been set.
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