MOHD ABBAS Vs. EJAZAN

JUDGEMENT

(1.) HEARD learned counsel for petitioner and perused the record.

(2.) IT is stated that petitioner and respondent No. 1 were married on 7.6.1972 at village Aurangabad, District Meerut. The marriage was solemnized according to law of Shariyat. Respondent No. 1, however, was divorced by petitioner on 23.3.1979. Thereafter, she filed an application No. 46/11 of 1986 under Section 125 Cr.P.C. claiming that 12 years before she was given talaq by petitioner and thus she should be allowed maintenance at the rate of Rs. 500/- per month. The said application was later on transferred to Family Court and was dismissed on 4.9.1991 on the ground that respondent No. 1 being a divorced lady, the said application initially filed before Munsif Magistrate was not maintainable.

(3.) IT is said that petitioner paid the aforesaid amount to respondent No. 1 and the decree was satisfied on 28.10.1994 Thereafter respondent No. 1 filed an application No. 6048/9 of 1994 on 8.8.1994 under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as "1986 Act") claiming that she was married to petitioner and after eight years of marriage, she was given divorce. Since financial condition of her family members (parents) is bad and she has no source of income, hence, she be awarded maintenance at the rate of Rs. 3000/- per month for four months and ten days after talaq and Rs. 50,000/- for maintenance of rest of her life.