SEENATH Vs. IQBAL

JUDGEMENT

(1.) PETITIONER is a divorced Muslim woman. She impugns the order passed by the Trial court rejecting her application under S. 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 Extd1 agreement.

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

(3.) IT is not in dispute that the respondent/husband had divorced the petitioner unilaterally, by pronouncing talaq through his communication dated February 5,1996, which was produced and marked as Ext. P 1 in the case. Petitioner approached the Court below claiming that she was entitled to get fair and reasonable provision and maintenance and other customary dues as provided under S. 3 of the Act, being a divorced woman as defined under the Act. Her contention was that her former husband had not paid any amount towards the above statutory dues though he had been earning a monthly income of Rs. 7,000/- from his employment in a Sea Food Company.