ABDU RAHIMAN Vs. SUBAIDA

JUDGEMENT

(1.) This original petition is filed assailing Exhibit-P5 order passed by the learned Magistrate, by which the application filed by the petitioner herein seeking to condone the delay of 6 years and 7 months in filing the petition to set aside the ex parte order passed against him was dismissed.

(2.) The respondent is the divorced wife of the petitioner herein. M.C.No.96 of 2010 was filed by her under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

(3.) The petitioner failed to appear before the court below and he was set ex parte and the petition was allowed as prayed for. The wife was held entitled to realise a sum of Rs.6 lakhs towards reasonable and fair provision, Rs.15,000/- as maintenance during the iddat period, Rs.6 lakhs towards value of 60 sovereigns of gold ornaments entrusted with the petitioner and Rs.50,000/- being the amount appropriated by the petitioner, thus totaling a sum of Rs.12,65,000/-.