#CaseLaw 4/10
Shamim Ara v. State of U.P. [4]
Facts of this case involve the appellant who filed for maintenance from her husband for herself and two of her four children on grounds that the husband had deserted her and treated her cruelly.The respondent claimed that dower has already been paid and the husband agreed to pay Rs. 150 per month for the maintenance of the minor child.
✍Hence, the application for maintenance was dismissed and an appeal was filed before the Supreme Court. This appeal deals with the concept of maintenance where the wife was divorced by her husband and was also paid the dower.
Issue: Whether the court can order the husband to pay maintenance to the wife when the dower has been paid.
❄️Held: The Apex court stated that the husband shall be liable to pay maintenance for the two sons they have borne from the marriage and therefore ordered the husband to pay maintenance so that the wife who is in custody of the children can maintain her children.
@LLBsubject
Shamim Ara v. State of U.P. [4]
Facts of this case involve the appellant who filed for maintenance from her husband for herself and two of her four children on grounds that the husband had deserted her and treated her cruelly.The respondent claimed that dower has already been paid and the husband agreed to pay Rs. 150 per month for the maintenance of the minor child.
✍Hence, the application for maintenance was dismissed and an appeal was filed before the Supreme Court. This appeal deals with the concept of maintenance where the wife was divorced by her husband and was also paid the dower.
Issue: Whether the court can order the husband to pay maintenance to the wife when the dower has been paid.
❄️Held: The Apex court stated that the husband shall be liable to pay maintenance for the two sons they have borne from the marriage and therefore ordered the husband to pay maintenance so that the wife who is in custody of the children can maintain her children.
@LLBsubject