KANNADAN ANWAR SALIH Vs. SAFEEKHATH

JUDGEMENT

(1.) Both the original petition and the revision petition are connected, and I am disposing of them by a common judgment.

(2.) The revision petition arose out of an order passed by the Family Court, Tirur in a petition filed under Sec. 125 of Cr.P.C. and the original petition arose out of an order passed by the Judicial First Class Magistrate Court-I, Tirur (for short, 'the Magistrate Court') and confirmed by the Additional Sessions Court-III, Manjeri under Sec. 3(1) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short, 'the Muslim Women Protection Act, 1986').

(3.) The petitioner in both matters is the husband of respondent No.1 and father of respondent No.2 (in RP(FC) No.155 of 2015). The parties are Muslims and governed by Muslim Personal Law. The marriage and paternity are not in dispute. It is also not in dispute that the petitioner divorced respondent No.1 on 13/4/2011 by pronouncing talaq and the respondent No.1 remarried on 7/8/2014. After the divorce, the respondent No.1 filed a petition under Sec. 3(1) of the Muslim Women Protection Act, 1986 before the Magistrate Court as M.C.No.318 of 2011 against the petitioner, claiming maintenance during the iddat period, reasonable and fair provision for future maintenance and for the return of gold ornaments. During the pendency of the said petition before the Magistrate Court, respondent No.1 filed M.C.No. 764 of 2013 against the petitioner before the Family Court, Tirur, claiming maintenance for herself and for the respondent No.2 (in RP(FC) No.155 of 2015) under Sec. 125 of Cr.P.C. The petition filed before the Family Court under Sec. 125 of Cr.P.C. and the petition filed before the Magistrate Court under Sec. 3(1) of the Muslim Women Protection Act, 1986 were parallelly proceeded with.