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Supreme Court of India · 2020-06-18

RANA NAHID @ RESHMA @ SANA vs SAHIDUL HAQ CHISTI

Citation / case number
SC 2010/29977
Court
Supreme Court of India
Petitioner
RANA NAHID @ RESHMA @ SANA
Respondent
SAHIDUL HAQ CHISTI
Author
HON'BLE MRS. JUSTICE R. BANUMATHI
Bench
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, HON'BLE MR. JUSTICE SURYA KANT, HON'BLE MR. JUSTICE ABHAY S. OKA

Judgment text excerpt

The Supreme Court held that the Family Court erred in converting an application for maintenance under Section 125 Cr.P.C. into one under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, as the Family Court lacked jurisdiction for such conversion. The Court upheld the High Court's decision to set aside the Family Court's order, allowing the respondent's revision petition while granting the appellant the liberty to file a fresh application under the appropriate statute. The Court emphasized the need for adherence to jurisdictional boundaries as outlined in the relevant statutes.

RANA NAHID @ RESHMA @ SANA vs SAHIDUL HAQ CHISTI · Niyam