| Case ID |
2ffd9638-fc39-4c42-a05a-a0cdea644dda |
| Body |
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| Case Number |
Criminal Revision No. 22 of 1958 |
| Decision Date |
Nov 24, 1958 |
| Hearing Date |
Nov 24, 1958 |
| Decision |
The Lahore High Court upheld the decision of the lower court regarding the maintenance of Mst. Imtiaz Begum and her minor son, Basharatullah. The court ruled that the failure of the magistrate to record a definite finding of neglect or refusal to maintain did not constitute an illegality, but rather an irregularity that was curable under section 537 of the Criminal Procedure Code. The court emphasized that the wife is entitled to maintenance during the period of Iddat regardless of the nature of the divorce. Therefore, the decision granting maintenance was affirmed, and Azmatullah was ordered to pay maintenance to both the wife and child until the expiry of the Iddat period. |
| Summary |
In the case of Mst. Imtiaz Begum vs. Azmatullah, the Lahore High Court addressed the issue of maintenance for a divorced wife and her child under the Criminal Procedure Code and Muhammadan Law. The case revolved around the application of section 488, which allows for maintenance orders, and the implications of a divorce on these rights. The court found that a lack of a specific finding on neglect did not invalidate the maintenance order. Instead, it was determined that the wife was entitled to maintenance during her Iddat period, a principle supported by precedent. This ruling highlights the legal obligations of a husband to provide for his wife and children even after divorce, reinforcing the importance of maintaining familial responsibilities. The decision is significant in family law, particularly concerning the rights of women and children in maintenance cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
J. ORTCHESON
|
| Lawyers |
Sh. Abdul Majid,
Raja Said Akbar
|
| Petitioners |
Mst. IMTIAZ BEGUM
|
| Respondents |
Azmatullah
|
| Citations |
1959 SLD 26,
1959 PLD 167
|
| Other Citations |
A I R 1930 Bom. 178,
A I R 1939 Sind 179,
I L R 19 All. 50
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Muhammadan Law
|
| Sections |
488,
537,
Maintenance After Divorce
|