KARIKKAKUZHIYAN MOHIYUDHIN Vs. CHOLA ULLATTU RUKHIYA

JUDGEMENT

(1.) These petitions are filed by the common petitioner under Section 482 Cr.P.C. to invoke the extra ordinary inherent jurisdiction available to this Court to set aside the revised order passed by the learned Sessions Judge in proceedings under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act.

(2.) Marriage is admitted. That the spouses were living in matrimony for a long period of 21 years is not disputed. The spouses are blessed with one child also, it is submitted. The husband is in his early 50s and the wife is in her mid 40s. The husband was employed abroad. He has purchased properties in his name. Divorce is also admitted. Liability to pay amounts under Section 3 of the Act is not seriously disputed. Virtually the dispute is only regarding the quantum of amount payable.

(3.) Before the learned Magistrate, the claimant/wife examined herself as PW1 and proved Exts.P1 to P20. The petitioner/husband examined himself as CPW1 and proved Ext.D1. The learned Magistrate came to the conclusion that an amount of Rs.1,59,000/- is payable under Section 3 of the Act, Rs.3,000/- (3 x 1000) as maintenance during the period of Iddat and Rs.1,56,000/- (100 x 13 x 12 months) as fair and reasonable provision and maintenance for the future.