JUBEDABI Vs. ABDUL JABBAR ABDUL KARIM MUL

JUDGEMENT

(1.) THIS petition is filed by the petitioner/wife under Section 482 of Cr. P. C. to quash the order of dismissal of the Criminal Revision No. 549/2001 passed by the Presiding Officer and the Addl. Sessions Judge, fast Track-IV, Belgaum.

(2.) BRIEF facts of the case are that the petitioner is the legally wedded witfe of the respondent. Initially, she had filed an application under Section 3 (2) of the Muslim Women (Protection of Rights on Divorcs) Act, 1986 (for short the 'act'), with a prayer that she is entitled to recover Rs. 30,000/- tfrom the respondent and also reasonable amount and fair provision and maintenance and also entitled for grant of marriage expenses and Dahej. So, after considering the materials placed on record, the trial Court came to the conclusion in allowing the petition filed by the petitioner under Section 3 (2) of the Act, directing the respondent to return the Mehar amount of Rs. 551/- and further it was directed lo pay a reasonable and fair provision and maintenance of Rs. 15,000/- to the petitioner during the iddad and Post-Iddat period andl further Rs. 5,000/- was also awarded towards value of articles and other Dahej articles given to her in the marriage.

(3.) ASSAILING the said order passed by the jmfc-II Court, Belgaum, in Cri. Misc. Petition 247/97 dated 20-9-2001 the petitioner challenged before the Addl. Sessions Judge, fast Track-IV, Belgaum under Stection 397, cr. P. C. in Cri. R. P. No. 502/2001. After hearing both parties, the said Cri. R. , P. filed by the petitioner as well as the respondent were dismissed by the learned Sessions Judge. Therefore, she has come up with this petition under Section 482, Cr. P. C. on the ground that the Courts below have not properly appreciated the evidence placed on record. Exs. P. 4 and P. 5 recovery of articles worth Rs. 13,000/- though the petitioner has claimed a considerable compensation, a meagre amount has been awarded, which is insufficient payment of maintenance and she is entitled to get the maintenance till her remarriage. Therefore, the impugned order passed by the Courts below are liable to be set aside or quashed.