NIZAR Vs. HYRUNNEESSA

JUDGEMENT

(1.) This Crl. M.C. is filed by the respondent in M.C. No. 3/1994 on the file of the Judicial First Class Magistrate's Court, Payyoli to quash Annexure-A and B orders passed by the Trial Court and the revisional court against the petitioner.

(2.) The M.C. was filed by the 1st respondent against the petitioner claiming amounts under S.3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The Trial Court after trial by order dated 18.5.1996 directed the petitioner to pay the 1st respondent Rs. 10,500/- being the value of the balance mahar of 3 1/2 sovereigns, Rs. 4500/- being the maintenance during the period of Iddat, Rs. 30,000/- being the value of 10 sovereigns of gold ornaments, Rs. 50,000/- given to the petitioner by the father of the 1st respondent and Rs. 90,000/- by way of future maintenance. The petitioner assailed that order before the Sessions Court, Kozhikode in Crl.R.P. No. 44/96. The revisional court allowed the revision in part and confirmed the order passed by the Trial Court directing the petitioner to pay Rs. 4500/- being maintenance during the period of Iddat, Rs. 50,000/- being the amount given to the petitioner by the father of the 1st respondent and Rs. 90,000/- being the reasonable and fair provision and disallowed the other amounts allowed by the Trial Court. This M.C. is filed to quash the orders passed by the Trial Court and the revisional court awarding those amounts.

(3.) The 1st respondent has contended that the above Crl.M.C. being in the nature of a second revision is not maintainable and under the guise of a proceeding under S.482 of the Cr.P.C. and this Court cannot reappraise the evidence and set aside the concurrent findings of fact arrived at by the Trial Court as well as the revisional court. But it is contended by the petitioner that he is only placing before this Court the errors of law committed by the courts below by accepting the evidence on record.