SHIHABUDHEEN ALIAS MAHIN Vs. SHYBI

JUDGEMENT

(1.) If there was a dissolution of marriage under mubara'at whether a divorced wife is entitled to claim Mahr, maintenance during the Iddat period and fair and reasonable provision. This is the question to be settled in this petition.

(2.) There is no dispute on the factual matrix of the case. Petitioner and first respondent are Muslims and admittedly were husband and wife. Their marriage was on 30.5.2002. A child was born in that wedlock on 12.2.2003. The marriage was dissolved on 14.3.2004. First respondent filed M.C.21/ 2004 under Section 3(1) of Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as 'the Act') claiming maintenance for the Iddat period, fair and reasonable provision, maintenance for a period of two years for the child, return of Mahr of 36 grams of gold and return of 20 sovereigns of gold ornaments.

(3.) Petitioner resisted the claim contending that Rs. 50,000 which was received at the time of marriage and 36 grams of gold received as Mahr, were returned at the time of dissolution of the marriage. It was also contended that gold ornaments of the first respondent were with her at the time of dissolution of the marriage and therefore, she is not entitled to claim it back. It is contended that petitioner is only a porter and is getting only very limited income and therefore, he cannot pay the amount claimed. It was also contended that dissolution was by talak and petitioner is not liable to pay any amount as claimed.