MUJEEB Vs. JEEYA

JUDGEMENT

(1.) THE revision petitioner in Crl.R.P.No.42/2006 on the file of the 1st Additional Sessions Judge, Kozhikode, who was the counter petitioner in M.C.No.1/2005 on the file of the Judicial First Class Magistrate Court, Koyilandy is the petitioner herein.

(2.) THE parties are Muslims and the 1st respondent herein married the petitioner herein as per the custom and thereafter she was divorced by the petitioner by pronouncing Talaq. The 1st respondent filed an application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter called 'Act') claiming maintenance for the period of 'iddath' and fair provision and future maintenance and also other claims.

(3.) AFTER considering the evidence on records, the learned Magistrate fixed the maintenance payable during the period of 'iddath' at Rs.3,000/- per month and awarded Rs.9,000/- for that period and had taken Rs.1,500/- per month and capatalized the same for a period of five years and awarded Rs.90,000/- as fair and reasonable provision and disposed of the petition. Aggrieved by the same the petitioner herein preferred Crl.R.P. NO.42/2006 before the Sessions Court and First Additional Sessions Judge, Kozhikode by the impugned order dated 6.11.2007 dismissed the revision confirming the order of the lower court. Aggrieved by the same, the present petition has been filed by the petitioner to quash the proceedings under Section 482 of the Code of Criminal Procedure.