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1 - 8 of 8 (0.49 seconds)Section 127 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Article 227 in Constitution of India [Constitution]
Section 126 in The Code of Criminal Procedure, 1973 [Entire Act]
Smt. Mehbubabi Nasir Shaikh vs Nasir Farid Shaikh on 13 February, 1976
17. The other decision of this Court relied upon by the learned Counsel for the petitioner is Smt. Mehbubabi v. Nasir Farid, 78 Bom LR 258 : 1977 CriLJ 391. In that case, an application by a divorced Muslim wife for maintenance made under Section 125 of the new Code was contested by the husband on the ground that the wife had run away from the matrimonial home taking with her ornaments from the house and that there was an agreement between the husband and the wife that they should stay separately, that she was quarrelsome and that she had an affair with another person with whom she used to go to pictures find, therefore, she was not interested in staying with the husband. On these grounds, therefore, according to the husband, he had given a notice giving talak. On facts it was held that the lower Courts had
acted without jurisdiction and contrary to ordinary canons of justice in holding that, from what they regarded as the behaviour of the wife, there appeared to be some truth in the allegation made by the husband without any evidence on record to support any such inference.
Khurshid Khan Amin Khan vs Husnabanu Mahimood Shaikh on 5 January, 1976
These observations cannot be read as laying down the scope and content of the provisions in Section 127(3) of the new Code, On the other hand, it was held in that case that the husband was not entitled to invoke the provisions of Section 127(3) because he had not paid anything to either the wife or the child. The question which is canvassed in this case on behalf of the respondent husband cannot be said to have been concluded by this decision.
Section 128 in The Code of Criminal Procedure, 1973 [Entire Act]
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