KHYRUNNEESA Vs. ALAVI

JUDGEMENT

(1.) This Crl. Miscellaneous Case under S.482 Cr.P.C. is preferred against the common order of the Sessions Court, Manjeri in Crl.R.P. No.96 of 1994 and Crl.R.P. No. 116 of 1994.

(2.) The revision petitioner has preferred M.C. No.95 of 1992 before the Chief Judicial Magistrate's Court, Manjeri under S.3(1) (a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The petitioner is a divorcee and the counter petitioner was her husband. Their marriage took place on 25.12.1980 as per the custom prevailing in the Muslim Community. After marriage, they lived together as husband and wife for two months. During 1981, the respondent went abroad as he got a job there. On 19.10.1990, the respondent sent a letter to the brother of the petitioner intimating that he divorced the petitioner. Even after the divorce, the respondent never provided any benefits available to the divorced wife. Hence, the petitioner had filed the petition claiming Rs.3,000/- towards maintenance during the iddat period and Rs. 1,00,000/- towards fair and reasonable provision. Rs. 18,000/-towards the value of ornaments and ready cash Rs. 10,000/- which was misappropriated . by the respondent while they were residing together. Petitioner is incapable of maintaining herself. The respondent is earning Rs.25,000/- per month as salary from his job and Rs.30,000/- per month towards income from immovable property. Thus the petitioner has claimed a total sum of Rs. 1,28,000/-

(3.) The respondent entered appearance and filed his objection. The Trial Court after appreciation of the evidence awarded an amount of Rs. 1,200/- towards maintenance during the period of iddat (at the rate of Rs.400/- per month for three months) and a sum of Rs.36,000/- towards reasonable and fair provision. The claim of Rs. 18,000/- towards value of ornaments and Rs. 10,000/- the amount which was allegedly misappropriated by the respondent was disallowed by the Trial Court.