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Moideen vs Nabeesha

Moideen vs Nabeesha

 | 2006

The petitioner appeals the court on a previously litigated issue of spousal maintenance where the petitioner claims his offer maintaining his wife on condition that she lives with his parents at the patrimonial home as legally sufficient under the second proviso to Section 125(3) or Section 125(4) or Section 125(5) of the Code of Criminal Procedure. The High Court dismisses the appeal and finds that code cannot reinterpreted to mean 2 separate permanent residences at two different places. The verdict orders the petitioner to make an offer which would entail the actual living together of the spouses.

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