MOIDEEN KUTTY Vs. NABEESA

JUDGEMENT

(1.) IS a divorced Muslim woman entitled to have from her former husband, a house for her residence, under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 ('the Act' for short)? If so, can the Court direct a former husband to provide a house to his divorced wife, under Section 3 of the Act? These are the main questions which arise for consideration in these cases.

(2.) PETITIONER and respondent are muslims. They were husband and wife respectively. After their divorce, petitioner did not make any provision or maintenance to respondent. She continued to live in the same house, where the parties lived after their marriage and which was constructed with her own funds. Respondent was aged 44 years and she is having 4 children and she has no prospects of a re-marriage.

(3.) BOTH parties challenged the order of the Trial Court before Sessions Court in revision. BOTH revision petitions were disposed of by a common order, Annexure-B. The order granting Rs.3 lakhs towards reasonable and fair provision and maintenance was upheld. The maintenance ordered at Rs.15,000/- during iddat period was reduced to Rs.9000/-. The revisional Court also held that respondent has no house of her own and hence, petitioner was directed not to evict her from the house. The relevant portion from the said order is as follows: "maintenance includes shelter too, and as the petitioner has no house of her own and house from which she is attempted to be evicted is constructed with her funds too, a direction to respondent not to evict petitioner from the building where she is staying is essential. Therefore, that too is given."