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Wednesday, Oct 06, 2004

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Supreme Court upholds alimony enhancement

By Our Legal Correspondent

NEW DELHI, OCT. 5 . The Supreme Court has upheld a Gujarat trial court order enhancing the monthly maintenance amount granted to a Muslim woman from her divorced husband.

A Bench, comprising Justice P. Venkatarama Reddi and Justice Tarun Chatterjee, passed the order while dismissing the petition filed by the husband challenging the Gujarat High Court order which had upheld the enhancement from Rs. 500 to Rs. 2,244.

Ghasura Mumitaz Banu of Deesa in Gujarat filed an application for maintenance and the trial court awarded her Rs. 500. After the Government amended Section 125 Cr.P.C. enhancing the ceiling of Rs. 500, she filed a fresh application for increasing the amount to Rs. 10,000 a month, but the trial court asked the husband to pay a monthly maintenance of Rs. 2,244.

Aggrieved, the husband moved the High Court, which stated that while assessing the status of both the parties it did not find any error in the order of the trial court. The present special leave petition was directed against the High Court order.

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