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may 1980

Supreme Court of India · 1980-05-08

FAZLUNBI vs K. KHADER VALI AND ANR.

Citation / case number
SC 1980/63201
Court
Supreme Court of India
Petitioner
FAZLUNBI
Respondent
K. KHADER VALI AND ANR.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that the maintenance order under Section 125 Cr.P.C. continues despite the husband's unilateral talaq and payment of mahar, emphasizing that judicial interpretation must uphold the true meaning of the law. The Court reiterated that precedents set by the Supreme Court are binding under Article 141, and the High Court erred in distinguishing the case from Bai Tahira's ruling regarding Section 127(3)(b) Cr.P.C. The appeal was allowed, restoring the original maintenance order for the wife and child.

FAZLUNBI vs K. KHADER VALI AND ANR. · Niyam