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. 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.

(2.) According to respondent, petitioner is working in a Government company as a driver from 1975 onwards and he is getting an amount of more than Rs. 50,000/- as salary. He got lot of properties and amounts in the bank. He owns buildings which are rented out. She filed a petition before the Magistrate court, claiming a total amount of Rs. 6,07,500/- under various counts, under Section 3 of the Act, which includes Rs. 3 lakhs towards maintenance. She also sought for a direction to allow her to reside in the house or in the alternative, to direct petitioner to pay Rs. 2 lakhs. She also claimed mahr, value of gold ornaments, gifts etc.

(3.) Petitioner admitted that he is working abroad, but according to him, the amount claimed is excessive. He also raised a contention that respondent cannot be allowed to reside in the relevant house, as she is a stranger to him after divorce. Evidence was adduced by both sides and an order was passed by Magistrate Court, allowing Rs. 3 lakhs towards "reasonable and fair provision and maintenance". An amount of Rs. 15,000/- was also allowed towards maintenance during iddat period. Other claims were rejected.