SHAMSAD BEEGAM Vs. ABID C.P. AND ORS.

JUDGEMENT

(1.) In this petition filed under Sec. 482 Cr.P.C, 1973 the petitioner seeks a direction to modify Annexure 1 order and to return the gold ornaments or its value to the petitioner.

(2.) The petitioner is the petitioner in M.C. No. 21 of 2009 filed under section 3 of the Muslim Women (Protection Of Rights On Divorce) Act on the file of the Judicial First Class Magistrate Court V, Kozhikode for a reasonable and fair provision, compensation and other reliefs as a divorced wife. The petition was allowed by the Judicial First Class Magistrate-V ordering return of 34 sovereigns of gold or its market vlaue, Rs. 3000.00 as iddat for three months and Rs. 84000.00 as reasonable and fair provision. Challenging the said order, criminal revisions were filed by the petitioner and the respondent. The revision petitions were heard together and disposed of by Annexure 1 common order cancelling the order to return 34 sovereigns of gold ornaments or its value, but has increased the reasonable and fair provision and the iddat expenses.

(3.) The learned counsel for the petitioner has submitted that the Sessions Court has disallowed the prayer for return of 34 sovereigns of gold ornaments or its value to the petitioner. He has also submitted that he has produced sufficient receipts to establish that the respondent has misappropriated the gold ornaments.