Mr. Kunwer Fahmed Alam Ariyana vs Ms. Mamtesh Alam @Mamtesh
Judges (1)
Counsel (3)
Case Significance
Mr. Kunwer Fahmed Alam Ariyana vs Ms. Mamtesh Alam @Mamtesh is a Delhi High Court decision dated December 12, 2024 (citation: ik-191893615). The husband challenged a Family Court order granting maintenance of Rs 15,000/month to his wife and Rs 25,000/month for their minor son under Section 125 CrPC, arguing that the wife's apostasy (re-conversion from Islam to Hinduism) annulled the nikah and disentitled her to maintenance. The court held that apostasy does not disentitle a woman from receiving maintenance under Section 125 CrPC, which is a secular provision for prevention of vagrancy irrespective of personal law. The revision pet The case was heard by Justice Anup Jairam Bhambhani. Counsel appearing: Amrita Jha (counsel for petitioner), Nishant Rai Goel (counsel for petitioner), Shubhi Gupta (counsel for respondent).
Summary
The husband challenged a Family Court order granting maintenance of Rs 15,000/month to his wife and Rs 25,000/month for their minor son under Section 125 CrPC, arguing that the wife's apostasy (re-conversion from Islam to Hinduism) annulled the nikah and disentitled her to maintenance. The court held that apostasy does not disentitle a woman from receiving maintenance under Section 125 CrPC, which is a secular provision for prevention of vagrancy irrespective of personal law. The revision petition was dismissed at the notice stage itself.
What was the outcome of Mr. Kunwer Fahmed Alam Ariyana vs Ms. Mamtesh Alam @Mamtesh?
The husband challenged a Family Court order granting maintenance of Rs 15,000/month to his wife and Rs 25,000/month for their minor son under Section 125 CrPC, arguing that the wife's apostasy (re-con...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-191893615)