SEENATH Vs. IQBAL

JUDGEMENT

(1.) PETITIONER is a divorced Muslim woman. She impugns the order passed by the Trial Court rejecting her application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short, 'the Act') claiming a total sum of Rs.1,00,000/ - from her former husband, towards fair and reasonable provision and maintenance and other statutory dues. The learned Magistrate held that the petitioner was not entitled to get any amount from her former husband, since she had already received whatever was due under Ext. D1 agreement.

(2.) IS the above view legally valid and sustainable?

(3.) THE above claim was resisted by the respondent contending inter alia that the petitioner had been paid whatever was payable by him under law. He contended that he was not earning Rs.7,000/ - per month as alleged by the petitioner nor had been getting any income from any other sources. He further contended that he had already returned ornaments weighing 12 sovereigns and cash of Rs.15,000/ - given to her by her parents and relatives at the time of the marriage. He pressed into service Ext. D1 agreement executed between him and his former wife evidencing such payment. THE learned Magistrate accepted the above contention primarily relying on a decision of this Court in Mytheen v. Saphiya, 1993 (2) KLT 3221.