MOHD SABIR ALI Vs. HAMEEDA

JUDGEMENT

(1.) This criminal revision under Sections 397/401 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') against the judgment and order dated 7.2.2000 challenges an award made by the VII Additional Chief Judicial Magistrate, Agra under Section 3(3) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the 'Act').

(2.) The respondent-wife Smt. Hameeda moved the Magistrate with a petition under Section 3(2) of the Act to award a sum of Rs. 1,37,000/- as a reasonable and fair provision of maintenance/Mehar or dower, etc. The petition was contested by the revisionist-husband Mohd. Sabir, He, however, admitted the fact about having made the divorce of Smt. Hameeda. The claims of award had been made by the respondent in several heads, amounting to total claim of Rs. 1,37,000/-, but the revisionist-husband had denied his liability for refund/payment of all those claims. The learned Magistrate recorded the evidence of both the parties and upon giving hearing and on consideration of the entire material available found that award of a sum of Rs. 92,000/- out of the total claim of Rs. 1,37,000/-, should be allowed and accordingly the impugned order was passed.

(3.) Aggrieved with the aforesaid judgment and order passed by the Court below, the present revision has been preferred.