ABDUL SALEEM Vs. FOUSIYA

JUDGEMENT

(1.) Challenge in the above petition is against an order passed in a proceeding under Section 3 of the Muslim Women [Protection of Rights on Divorce] Act, 1986 {hereinafter referred to as 'the Act'}, affirmed by the Sessions Judge in revision with some modifications over the quantum fixed to the divorced wife.

(2.) Petitioner is the respondent in the proceeding, who is hereinafter referred to as the 'husband'. The applicant in the proceedings, a divorced woman is hereinafter referred to as the 'wife'. Her status as 'divorced woman' is not disputed. She raised various claims in the proceedings which were resisted to by the husband. After considering the materials produced, learned magistrate allowed a sum of Rs.4,500/- (Rupees Four thousand five hundred only) as maintenance to her for the iddat period. Towards her claim for return or refund of the value of 100 sovereigns of gold ornaments allegedly deprived from her by the husband, learned magistrate, on the materials placed, accepted her claim only for 30 sovereigns of gold ornaments and the husband was directed to pay a sum of Rs. 2,10,000/- (Rupees Two Lakhs Ten Thousand only) towards the value thereof. She had raised a claim for Rs. 1,72,684/- towards the value of 20 gold bangles, allegedly, donated to a Yatim Khana by her uncle on demand made by her husband to make such donation. Her uncle demanded the value thereof was the basis of her claim. That was found acceptable to learned magistrate to direct the husband to pay such sum to the wife. Towards reasonable and fair provision and maintenance fixing a sum of Rs. 3,000/- (Rupees Three thousand only) per month and adopting a multiplier of 15 years, learned magistrate directed the husband to pay the wife a consolidated amount of Rs. 5,40,000/- (Rupees Five Lakh Forty thousand only). As against the claims awarded in favour of wife, husband preferred a revision. The wife also filed a revision contending that claim of monthly maintenance fixed for awarding reasonable and fair provision and maintenance and also limiting claim for refund of sovereigns only to 30 sovereigns was not correct and the claims awarded thereof have to be revised.

(3.) After considering both revisions together, learned Sessions Judge modified the order of magistrate enhancing quantum fixed for some of the claims raised by the wife while affirming the sums awarded towards future maintenance and value of gold ornaments gifted to Yatim Khana. Claim of the wife for maintenance for 'iddat' period, Rs.4,500/- awarded by magistrate was enhanced to Rs.9,000/-. Value of 30 sovereigns of gold ornaments awarded by magistrate at Rs.2,10,000/- was enhanced to Rs.3,75,000/-. In addition, learned Sessions Judge also awarded her a sum of Rs.1,00,000/- towards the value of mehr. With the aforesaid modifications and enhancement on the quantum of claims, revisions were disposed of.