T K ABDULLA Vs. SUBAIDA

JUDGEMENT

(1.) Should a divorced Muslim woman be unable to maintain herself to entitle her to amounts under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act Is she entitled for any amount under Section 3(1)(b) on the ground that she herself had maintained children who are aged more than 2 years on the date of divorce These interesting questions arise for consideration in this revision petition directed against an order passed under Section 3 of the Muslim Woman (Protection of Rights on Divorce) Act (hereinafter referred to as the 'Act'). The order directs the petitioner herein/divorced husband to pay a total amount of Rs. 2,73,000/- to the claimant, his divorced wife.

(2.) Marriage and divorce are admitted. Liability to pay maintenance during the period of Iddat is not disputed. Liability to make fair and reasonable provision and maintenance is also not disputed. There was a claim for deferred mahar payable at the time of divorce. There is dispute regarding the quantum of deferred mahar and also as to whether there is any deferred mahar. Amounts were claimed under Section 3(1)(b) of the Act. The children were aged 12 years, 12 years and 10 years at the time of divorce. It was claimed that under Section 3(1)(b) the mother of the children is entitled to maintenance for two years from the date of birth of the children - the petitioner having allegedly not paid any maintenance to them during such period. An amount of Rs. 72,000/-(Rs. 1000 p.m. x 3 children x 24 months) was claimed.

(3.) The claimant wife examined herself as PW1 and her uncle as PW2. Exts.P1 and P2 were marked. The petitioner herein examined himself as CPW2. The Secretary of the Mosque was examined as CPW1 to prove the marriage register.