MUSTHAFA Vs. SAFIYA

JUDGEMENT

(1.) This criminal revision petition has been filed challenging the order passed by the Sessions Court, Kozhikode (for short, 'the Sessions Court') in Crl. R.P. No. 97 of 2001, dtd. 15/5/2004.

(2.) The petitioner herein was the legally wedded husband of the 1st respondent. The parties are Muslims and governed by Muslim Personal Law. Their marriage was solemnized on 14/6/1999. Admittedly, the petitioner divorced the 1 st respondent by pronouncing Talaq. The 1st respondent filed a petition before the Judicial First-Class Magistrate Court-V, Kozhikode (for short, 'the trial court') under Sec. 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short, 'Muslim Women Protection Act') as M.C. No. 12 of 2000 claiming Rs.2,00,000.00 towards reasonable and fair provision for the future maintenance, Rs.9,000.00 towards maintenance during the iddat period and for the return of 20 sovereigns of gold ornaments and Rs.50,000.00 allegedly misappropriated by the petitioner. The trial court, after trial, allowed the petition in part and directed the petitioner to pay a sum of Rs.75,000.00 as the fair provision for future maintenance and Rs.4,500.00 towards the maintenance during the iddat period. The claim for the return of gold ornaments and Rs.50,000.00 allegedly misappropriated by the petitioner was disallowed. Dissatisfied with the order passed by the trial court, the 1 st respondent preferred revision before the Sessions Court as Crl. R.P. No.97 of 2001. The Sessions Court as per the order dtd. 15/5/2004 allowed the revision in part, enhancing the fair provision for the future maintenance to Rs.90,000.00 and directed the petitioner to pay to the 1st respondent a further sum of Rs.90,000.00 being the value of the gold ornaments and Rs.50,000.00 misappropriated by him. Aggrieved by the said order, the petitioner/husband preferred this revision petition.

(3.) Since the revision petitioner is not represented by a lawyer, Advocate M.Vishnupriya was appointed as Amicus Curiae to assist the court. I place on record my appreciation for the valuable assistance rendered by the Amicus Curiae.