E.M. MOIDEEN Vs. NUSAIBA

JUDGEMENT

(1.) This is a petition filed u/s.482 of the Code of Criminal Procedure 1973 (hereinafter called as "Code" for short) to quash Annexures-A3 and A4 orders in M.C.16/08 of Judicial Ist Class Magistrate Court, Kunnamangalam by invoking inherent jurisdiction. The above M.C. 16/08 was filed by the wife in the Judicial First Class Magistrate Court, Kunnamangalam U/s.3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the 'Act' for short), seeking fair provision for maintenance from her former husband. The learned Magistrate ordered payment of Rs.6000/- (Rupees six thousand only) and Rs.2,40,000/- (Rupees two lakh fourty thousand only) as the amount payable under Section 3(1)(a) of the Act as reasonable and fair provision and maintenance. Being aggrieved by that order, the husband preferred Crl.R.P.No.71/20008 before the Sessions Court, Kozhikode, which was also dismissed. In the circumstances, the petitioner approached this Court with the above petition alleging that the above order is illegal, unjust and contrary to settled principles regarding the assessment of fair provision and maintenance U/s.3 of the Act and therefore, it is to be quashed.

(2.) According to Section 3 of the Act, a divorced woman shall be entitled to get a reasonable and fair provision and maintenance from her former husband, which has to be paid to the wife within the iddat period. Section 3 (1) (a) to (d) of the Act reads as follows:

(3.) Mahr or other properties of Muslim woman to be given to her at the time of divorce.-