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In Re: Abdul Ali Ishmailji and His Wife Husenbi - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMumbai
Decided On
Judge
Reported in(1883)ILR7Bom180
AppellantIn Re: Abdul Ali Ishmailji and His Wife Husenbi
Excerpt:
husband and wife - order for maintenance upon husband--divorce--effect upon order--presidency magistrates' act iv of 1877, section 234--mahomedan law--talako bain--talak biddat--borah mahomedans. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment would not be protected. the observations/directions issued by supreme court in para 36 of judgment in the case of state v.....1. the 'talak biddat' or irregular divorce, which is effected by three repudiations at the same time, appears from the authorities to be sinful, but valid; and it was recognized as valid by this court in re kasam pirbhai and his wife hirabai 8 bom. h.c. r 95 cr. the magistrate should, therefore, no longer enforce his order for payment of maintenance made on the 19th may 1882.
Judgment:

1. The 'talak biddat' or irregular divorce, which is effected by three repudiations at the same time, appears from the authorities to be sinful, but valid; and it was recognized as valid by this Court In re Kasam Pirbhai and his wife Hirabai 8 Bom. H.C. R 95 Cr. The Magistrate should, therefore, no longer enforce his order for payment of maintenance made on the 19th May 1882.


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