HUSSAIN PUNATHIL Vs. FATHIMA

JUDGEMENT

(1.) This is a petition filed under Section 482 of the Code of Criminal Procedure by the defeated respondent in Criminal RP Nos.44/06 on the file of the First Additional Sessions Judge, Kozhikode.

(2.) The petition was filed by the divorced wife of the petitioner herein before the Magistrate's Court under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the Act), claiming an amount of Rs.30,000/- as maintenance during Iddat period, Rs.10 lakhs as fair and reasonable provision for future maintenance and also claiming the value of mahar. It is alleged in the petition that the marriage between the petitioner herein and the respondent was solemnized as per the customary rites on 15.05.1983 and they were living together as husband and wife and three children were born to them in the relationship. Thereafter, the petitioner herein divorced her by pronouncing talaq by giving Ext.P1 letter dated 9.3.2005. Thereafter, no maintenance during Iddat period or fair and reasonable provision or value of mahar, had been paid as provided under the Act. So, she filed a petition under the provisions of the Act, claiming the reliefs mentioned above.

(3.) The respondent appeared and filed a counter affidavit, denying the allegations in the petition and also narrated the circumstances, which led the petitioner herein to divorce the petitioner before the lower court. He also contended that she is having a love affair with some other person and that had led to the divorce. It was also contended that as such, she is not entitled to get any maintenance during Iddat, as she did not observe Iddat or fair provision and the amount claimed is also excessive and he prayed for dismissal of the application.