Supreme Court of India · 2002-04-18
Sahebkhan K. Malek vs Jamilasranu S. Malek And Anr.
- Citation / case number
- AIRONLINE 2002 SC 215
- Court
- Supreme Court of India
- Petitioner
- Sahebkhan K. Malek
- Respondent
- Jamilasranu S. Malek And Anr.
- Bench
- D.P. Mohapatra, Brijesh Kumar, D.M. Dharmadhikari
Judgment text excerpt
The Supreme Court upheld the order granting maintenance under Section 125 of the Code of Criminal Procedure, despite the appellant's argument that consent under Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 was not obtained. The Court noted that the appellant was willing to continue paying maintenance until December 31, 2002, and allowed the respondent to file an application under the Act. The maintenance order for the son was affirmed, and the appeal was disposed of accordingly.