THOOMBATH HARIS Vs. KHADEEJA SHERBIN

JUDGEMENT

(1.) Does the expression "maintenance to be made and paid to the wife within the iddat period by her former husband" appearing in Section 3(1)(a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 hereinafter referred to as 'the Act' include past maintenance payable to her prior to her divorce This is the crucial question arising for consideration in this appeal.

(2.) Fundamental facts are not in dispute. The marriage between the spouses took place on 7-1 -2007. There was instant acrimony in the marriage and talak was pronounced on 17-2-2008 by the husband unilaterally- The wife claimed maintenance for the period from 7-1 -2007 to 17-2-2008, Sheclaimed such past maintenance at the rate of Rs.9,000/ - per mensem. The petition was filed after the divorce on 28-2-2008.

(3.) The husband is highly qualified. He works as a petroleum Engineer in Nigeria. The wife asserted that the monthly income of the husband at the time of marriage was above Rupees one lakh. At the time when she tendered evidence his income was about Rs. two lakhs per mensem, it was contended.