M C HASEENA Vs. MUNDAKKAPARAMBAN ABDUL JALEEL

JUDGEMENT

(1.) Crl. R.P. No. 575 of 2003 is filed by the divorced wife while Crl. M.C. No. 11879 of 2002 is filed by the former husband. The parties are Muslims. Their marriage was solemnized on 12-7-1996 and a child was born in that wedlock. On the 90th day after delivery of the child, the husband divorced her on 30-9-1997 by sending a letter to the mosque. The husband was working in Saudi Arabia at that time.

(2.) The divorced wife filed M.C. No. 1 of 1998 against the former husband under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act. 1986. The divorced wife contended that at the time of marriage, the husband was paid a sum of Rs. one lakh and thereafter, Rs. 50,000/- was also paid. She also contended that she was given 50 sovereigns of gold, out of which, 30 sovereigns were appropriated by the husband. Value of the ornaments was also claimed. Claiming maintenance at the rate of Rs. 2,000/- per month, a sum of Rs. 6,000/-was claimed as maintenance during iddat period. For reasonable and fair provision and maintenance, a sum of Rs. 3 lakhs was claimed.

(3.) Before the trial Court, PWs. 1 to 3 were examined on the side of the petitioner and CPW1, the father of the former husband was examined on the side of the respondent. Exts. P1, P2 and Ext. D1 were also marked in the case.