MINNI CHAUDHARY Vs. IQBAL SINGH @ IQBAL AHMED

JUDGEMENT

(1.) Petitioner impugns order dated 19.01.2015, whereby the family court has rejected the application filed by the petitioner under Section 125(3) Cr. P.C. and held that she has waived and surrendered her right to maintenance on permanent footing.

(2.) It is contended by the petitioner that she got married with respondent on 31.11992 as per Hindu rites and ceremonies. On joining the matrimonial home, she realized that it was the second marriage of her husband and the first wife was alive and he had not yet divorced from her. It is alleged that both the parties embraced Islam and got married as per the Muslim Law on 001.1993. The Mehar amount fixed for the marriage was Rs. 2 lakhs.

(3.) It is contended that on 27.06.2001, parties were divorced in accordance with Muslim Law after declaring Talaq; respondent paid the Mehar amounts of Rs. 2 lakhs and Rs. 7 lakhs to the petitioner, which was received by the petitioner in the form of cash at the time of execution of the Talaqnama.