ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The Revision petitioner is the respondent in M.C. No. 60 of 2010 on the files of the Judicial First Class Magistrate's Court Haripad. The above case was filed by the 2nd respondent herein who claims to be the wife of the revision petitioner coming under S. 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short 'the Act'). It is the case of the complainant that on 1.8.2008 at about 12 a.m., the revision petitioner committed trespass into the house of the 2nd respondent and attempted to rape her. The Police registered crime No. 198/2008. Thereafter, the revision petitioner and his relatives informed the 2nd respondent's mother and uncle that he is willing to marry her. On 3.8.2008, the marriage was solemnized as per muslim customary rites. But subsequently, on 22.8.2008, the marriage was dissolved by the pronouncement of 'talak' by the revision petitioner. The 2nd respondent observed iddat for three months. She prayed for Rs. 6 lakhs as reasonable and fair provision and Rs. 15,000/- as maintenance for iddat period.

(2.) The revision petitioner herein could not enter appearance in the M.C. and he was set ex parte. On the side of 2nd respondent PWs. 1 and 2 were examined and Exts.P1 to P4 were marked. After appreciating the evidence, the revision petitioner was directed to pay an amount of Rs. 9,000/- towards maintenance for iddat period and Rs. 3,60,000/-towards reasonable and fair provision.

(3.) When the revision petitioner came to know the ex parte order, he filed a petition to set aside the ex parte order passed against him. The petition to set aside the ex parte order was filed with a delay of 58 days. But, no separate petition had been filed to condone the delay. But, the learned Judicial First Class Magistrate, Haripad, dismissed the petition on the ground that the petition was barred by limitation and it was filed beyond a period of seven days as mandated by the Proviso to R.4 of the Muslim Women (Protection of Rights on Divorce) Rules, 1986 (for short 'the Rules'). This order is under challenge in this Revision Petition.