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As per case facts, a divorced Muslim woman sought to enhance her maintenance from her ex-husband, which was initially awarded under a specific Act and later increased by the Family
...Court. She argued the amount was insufficient due to rising costs and his higher income, while her ex-husband contended the enhancement was excessive, without jurisdiction, and that their adult son should support her. He also highlighted his financial obligations and that the son was gainfully employed and provided shelter. Both parties challenged the Family Court's order. The question arose whether a divorced Muslim woman, who initially sought maintenance under a specific Act, can seek enhancement under the Criminal Procedure Code, and whether the previous enhancement was justified. Finally, the High Court held that the initial maintenance was effectively granted under the Criminal Procedure Code, making subsequent enhancement applications maintainable. Considering the ex-husband's increased salary and the son's presumed employment, the maintenance for the woman was enhanced to 10,000 per month, with arrears to be paid. The ex-husband's petition was dismissed, and the woman's was partly allowed.
Bench
Applied Acts & Sections
Section 3
–The Muslim Women (Protection of Rights on Divorce) Act, 1986
Section 4
–The Muslim Women (Protection of Rights on Divorce) Act, 1986
Section 5
–The Muslim Women (Protection of Rights on Divorce) Act, 1986
Legal Notes
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