Supreme Court of India · 1987-01-20
DUKHTAR JAHAN vs MOHAMMED FAROOQ
- Citation / case number
- SC 1981/63791
- Court
- Supreme Court of India
- Petitioner
- DUKHTAR JAHAN
- Respondent
- MOHAMMED FAROOQ
- Author
- S. NATRAJAN
- Bench
- S. NATRAJAN
Judgment text excerpt
The Supreme Court held that proceedings under Section 125 of the Code of Criminal Procedure, 1973, are summary in nature, aimed at providing maintenance to destitute wives and children. The Court found that the High Court erred in quashing the maintenance order based on the presumption that the child was conceived before marriage, as the child was born during the marriage. The Court reinstated the maintenance order, affirming the obligation of the respondent to provide support to the child, thereby emphasizing the importance of protecting the welfare of children in maintenance proceedings.