Supreme Court of India · 2002-10-01
SHAMIM ARA vs STATE OF U.P.
- Citation / case number
- SC 1995/8609
- Court
- Supreme Court of India
- Petitioner
- SHAMIM ARA
- Respondent
- STATE OF U.P.
- Author
- R.C. Lahoti
- Bench
- P.VENKATARAMA REDDI. R.C. LAHOTI
Judgment text excerpt
The case examines whether a husband's bald assertion of having divorced his wife is sufficient to deny her maintenance under Section 125 of the Cr.P.C. The court analyzes the burden of proof regarding the occurrence of a divorce in Muslim marriages when the wife denies the same. The central legal issue is whether a husband must prove the divorce through evidence rather than mere pleading to avoid the obligation of maintenance.