Mohd. Mustafa v. Kulsum Nisha @ Kusum Nisha
Case brief
What is this about?
Allahabad High Court, Lucknow Bench; Abdul Moin, J.; Neutral Citation 2024:AHC-LKO:64189; Criminal Revision No. 1140 of 2024, decided 18.9.2024. Maintenance — Section 125 Cr.P.C. — husband's plea of Talaq dated 11.03.1995 and arbitral recognition by order dated 10.03.1996 — arbitration cannot annul a marriage — no formal order/decree of dissolution of marriage — agreement cannot dissolve marriage — C-11 application for rejection of maintenance claim rightly rejected — revision dismissed; Family Court may consider divorce aspect at final hearing. Case relied on: Smt Pinki vs Pushpendra Kumar (First Appeal No.155 of 2011, decided 06.09.2024).
What did the court decide?
A marriage cannot be annulled by means of an arbitration; consequently, once the marriage itself has not been annulled, the Family Court had no occasion to consider the alleged divorce of 11.03.1995 or its recognition by the Arbitrator.