ABDUL AZEEZ Vs. SHAHARBAN

JUDGEMENT

(1.) The petitioner herein was the respondent in M.C.No.37/2011 on the file of Judicial First Class Magistrate Court-II, Perinthalmanna, which has been filed by the 1 st respondent herein seeking grant of maintenance. The parties were spouses who were married on 13.10.1994 as per the Islamic Rites and Customs, and 2 children were born to them in that wedlock. The 1st respondent (wife) was divorced by pronouncement of thalaq by the petitioner herein (husband). The 1 st respondent had filed the above said petition as per M.C.No.37/2011 raising a claim under Sec.3(1) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, for grant of reasonable and fair provision, and also for maintenance. She had claimed Rs.15,000/- per month for iddat period and Rs.20,00,000/- as fair and reasonable provision. The said claims were disputed by the petitioner herein/husband in the said proceedings and enquiry was held. The learned Magistrate granted Rs.6,000/- per month to the 1 st respondent herein (wife) towards her claim for iddat period. An amount of Rs.7,20,000/- was granted to her as reasonable and fair provision. It is pointed out by the petitioner that, the marriage of the 1 st respondent herein with the petitioner was a third marriage and earlier marriages had also ended up in dissolution, and that she had obtained considerable amounts towards her rights of a divorced Muslim woman. Aggrieved by the said order rendered in M.C.No.37/2011 by JFCM-II, Perinthalmanna, the 1st respondent herein (wife) had challenged the order in revision before the learned Sessions Court concerned, who enhanced the maintenance for iddat period and also the reasonable and fair provision. The maintenance during iddat period was enhanced to Rs.21,000/- and fair and reasonable provision was enhanced to Rs.8,40,000/-. According to the petitioner, the decision of the learned Sessions Court to enhance the amounts are absolutely illegal and perverse, and it is an abuse of the process of Court. It is in the light of these aspects, the petitioner herein (husband) has filed the instant Criminal Miscellaneous Case under Sec.482 of the Cr.P.C. with the following prayer.

(2.) Heard Sri.P.Jayaram, learned counsel appearing for the petitioner, Sri.P.Venugopal, learned counsel appearing for the 1st respondent herein and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for the 2nd respondent State.

(3.) Both sides now submit that a comprehensive mediation agreement has been arrived at before the Mediation Centre attached to this Court pursuant to the order passed by the Division Bench of this Court in Mat.Appeal No.299/2012, and the mediation process is conducted not only in respect of the Mat.Appeal No.299/2012 but also in relation to all other pending litigative proceedings between these divorced spouses, in matters as in O.P.No.142/2011 on the file of the Family Court, Malappuram, M.C.No.37/2011 on the file of JFMC-II, Perinthalmanna and the impugned order in Crl.R.P.No.54/2012 on the file of the Addl. Sessions Court-III, Manjeri. It is also submitted by both sides that the Division Bench of this Court pursuant to the conditions arrived at by the said parties has finally disposed of the abovesaid Mat.Appeal No.299/2012 as per judgment dated 4.4.2019 by recording these terms and conditions of the mediation settlement agreement arrived at between the parties on 14.3.2019, through the Mediation Centre attached to this Court. The said judgment of the Division Bench dated 4.4.2019 in Mat.Appeal No.299/2012 (in which petitioner herein is the first appellant therein and the 1st respondent herein is the sole respondent therein) reads as follows: