PAKKU SOPPI Vs. NAGATH SUBAIDA

JUDGEMENT

(1.) The petitioner has suffered an order directing him to pay an amount of Rs.1,90,500/- under Sec.3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short `the Act') to his divorced wife - the claimant/the 1st respondent herein.

(2.) Marriage and divorce are admitted. The liability to pay the amount under Sec.3 of the Act is also not seen disputed. In fact, the contention is that an amount of Rs.1,30,000/- has been paid as the amounts payable under Sec.3 of the Act, as evidenced by Ext.D1 agreement. The petitioner, of course, had raised a further contention that his wife was unchaste and unfaithful to him and that it was, in these circumstances, that he was obliged to divorce her.

(3.) Before the learned Magistrate the claimant herself examined as P.W.1. P.Ws.2 and 3 were also examined. She proved Exts.P1 to P11. The petitioner examined himself as CRL.M.C.NO. 527 OF 2006 -: 2 :- C.P.W.1. C.P.Ws.2 to 5 were also examined. Ext.D1 agreement allegedly executed by P.W.1 was also relied on by the petitioner herein.