MAJEED Vs. AFIRA

JUDGEMENT

(1.) Is a divorced Muslim woman entitled to get, under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 ('the Act' for short) any payment from her former husband exclusively for iddat period, towards her expenses or maintenance, over and above "provision and maintenance" to be made and paid under the Act What is the relevancy of "iddat period", in respect of the claim for "provision and maintenance" under Section 3 of the Act These are the main questions to be considered in this case. Admittedly, petitioner married first respondent herein on 15.3.1998, under the Muslim law. Within six months of the marriage, on 8.8.1998, he divorced her. Thereafter, on 16.3.1999, she filed a petition under section 3 of the Act, claiming Rs. 2,500/- per month towards expenses for iddat period, and also Rs. 5,00,000/- towards fair provision and maintenance. She also made other claims for value of gold ornaments etc.

(2.) Petitioner is working in Dubai and he is allegedly getting an amount of Rs. 25,000/-per month. Therefore, taking into consideration status of the parties, first respondent contended that she is entitled to get Rs. 5,00,000/- towards fair provision and maintenance. It is also admitted that pending enquiry into the petition, she re-married on 19.11.2000.

(3.) Petitioner filed a counter statement and contended that amount claimed is highly excessive. Considering the income of petitioner and needs of his divorced wife, first respondent is not entitled to get the exorbitant amount claimed by her, it is contended, According to him, he is only a salesman in a small establishment in Dubai and he is getting only Rs. 4,000/-, excluding his expenses.