MARSHIDA Vs. V.K. RIYAS

JUDGEMENT

(1.) The revision petitioner is the petitioner in M.C. No.7/2015 of the Judicial First Class Magistrate Court II, Kozhikode. The petitioner was married to the 1st respondent herein on 13.07.2003 and a child was born in the matrimonial relationship. Later, matrimonial disputes arose and ultimately the matrimonial relationship was terminated. According to the petitioner, as a condition for agreeing for termination of matrimonial relationship, she was constrained to enter into an agreement dated 09.03.2009 acknowledging that she had received all her entitlements. After executing the document on the same day, 'talak' was pronounced, it is claimed. She claimed the benefits due to a divorced wife under the Muslim Women Protection of Rights on Divorce Act.

(2.) The respondent appeared, filed an objection and contested the proceedings. He relied on Ext.B1 agreement dated 09.03.2009. He contended that Ext.B1 clearly showed that all the benefits due to the divorced women were given to her. She had no further claim. However, it seems that though the petitioner examined herself as PW1 and a witness to the agreement as PW2 to prove that benefits referred to B1 were not paid, except cross examining the witnesses, the respondent did not chose to let in any evidence. He did not not enter the box to give contra evidence. The court below, relying on the available materials granted reliefs which included the reasonable and fair provision and maintenance, the compensation given during the iddat period and the value of the mahar. She was also benefited with the cost of proceedings.

(3.) Aggrieved by the above order, the 1st respondent herein preferred a revision as Crl.R.P. No.93/2015. The court below, by the impugned order set aside the trial court's order and remanded the matter for a fresh consideration after giving an opportunity to the respondent to substantiate his contention before the trial court on the basis of Ext.B1. This is challenged by the petitioner in this proceedings.