SHEIKH IRAFIL MOHD Vs. ANWARI BEGUM

JUDGEMENT

(1.) THIS petition is directed against the order dated 12. 8. 2008 passed by the Sessions Judge Kabirdham in criminal revision No. 49/2008 affirming the order dated 24. 4. 2008 passed by the judicial Magistrate First Class, Kawardha in criminal case No. 130/2007 whereby learned Magistrate has awarded maintenance in favour of the respondent under section 3 (2) of the Muslim Women (Protection of Rights on Divorce) Act 1986 (for brevity "the Act" ).

(2.) THE order is challenged on the ground that the Courts below have committed an illegality in awarding the maintenance in favour of a divorced Muslim Woman in violation of the provisions of Section 3 (2) of the act.

(3.) THE facts of the case in brief are that the respondent was married to the petitioner. Both, the petitioner and the respondent are Muslims. Previously the respondent filed a petition under section 125 of the Code of Criminal Procedure (for brevity"the Code") for maintenance which was dismissed by the Competent Court on the ground that the divorced Muslim Woman is not entitled for maintenance in accordance with section 125 of the Code. Then she filed a petition for maintenance under the provisions of Section 3 (2) of the Act stating therein that she is entitled for Mahr as well as monthly maintenance of Rs. 3,000 after divorce which was not paid to her after the period of Iddat. The said petition was opposed by the present petitioner on the ground that he is liable to pay maintenance only till Iddat which he has already paid and he is not liable to pay future maintenance according to the provisions of Section 3 (2) of the Act. After affording opportunity of hearing to the parties, the Magistrate awarded the maintenance of Rs. 1,200 per month from the date on which divorce was effected apart from the amount of Mahr. Against the said order the revision was preferred which was dismissed and the order passed by the Magistrate was affirmed.