LAWS(KER)-2006-7-106

MUSTHAFA Vs. FATHIMA KUTTY

Decided On July 07, 2006
MUSTHAFA Appellant
V/S
FATHIMAKUTTY Respondents

JUDGEMENT

(1.) Does Section 3 of the Muslim Women (Protection of Rights on Divorce) Act oblige the divorce woman to comply with any religious mandate or observances during the period of Iddat Will a non believer be disentitled to claim amounts under Section 3 These interesting questions arise for consideration in this Revision Petition.

(2.) This Revision petition is directed against a direction for payment of a total amount of Rs. 129000/- issued to the petitioner by the learned Magistrate under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act. Marriage is admitted. Divorce is also admitted. There is no contention that any amounts have been paid and the liability under Section 3 has been discharged.

(3.) The petitioner/divorced husband took up a contention that the wife was guilty of improper matrimonial conduct and that she had eloped with another person while the petitioner was employed abroad. The claimant examined herself as PW1. On the side of the petitioner his brother and a friend of his were examined as CP Ws 1 & 2. Exts. Dl to D3 were marked.