YAHIYA Vs. SOUJA

JUDGEMENT

(1.) Petition filed under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.").

(2.) Petitioner challenges the revisional order passed by the learned Sessions Judge, Kozhikode under Section 397 Cr.P.C. Petitioner is the counter petitioner in M.C. No. 15 of 2008 on the file of the Judicial First Class Magistrate Court, Koyilandy, filed by the 1st respondent/divorced wife under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (in short, "the Act"). Averments in the petition are as follows: The petitioner married the 1st respondent on 12.10.2001. The mahar fixed was five sovereigns. They have a child in the wedlock. Petitioner divorced the respondent on 14.11.2007, according to the respondent, without assigning any reason. The 1st respondent claimed maintenance in the original proceedings at the rate of Rs. 5,000/- per month and value of 11 sovereigns and future maintenance of Rs. 9,00,000/-.

(3.) The petitioner refuted the claims in the original proceedings. He urged that he had reasons for divorcing the respondent. The mahar fixed was only Rs. 1,000/- and not five sovereigns as claimed by the 1st respondent. Petitioner is not having any income fetching avocation. He himself is depending on his parents. Amounts claimed in the petition is exorbitant.