NAZMA BEGUM Vs. IRSAD ALI

JUDGEMENT

(1.) The revisionist filed Misc. Case No. 896 of 1989, under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 in the Court of I Addl. Munsif Magistrate, Shahjahanpur. The claim of the petitioner for the recovery of Rs. 1000/- as maintenance allowance for the Iddat period, Rs. 15,000/- for the return of Dowry and presents given at the time of marriage and for the recovery of Rs. 6,000/-as Mehr and Rs. 1,232/- given as Salami at the time of marriage was decreed. In all the amount came to Rs. 23,232/-. It was not disputed that the revisionist was married to the opposite party and subsequently the opposite party divorced her.

(2.) The opposite party filed Criminal Revision No. 6 of 1991 which was partly allowed on 14.8.1991 by the then II Addl. Sessions Judge, Shahjahanpur. The claim of the revisionists was reduced to Rs. 3.000/-. Aggrieved by it the revisionist has come to this Court.

(3.) It was not disputed that Mehr of Rs. 6000/- was agreed to be paid by Irshad Ali, opposite party. According to the revisionist this amount was not paid. According to the opposite party this amount was handed over to the revisionist before the consummation of marriage. The Trial Court did not believe the version of the opposite party regarding the return of Mehr of Rs. 6000/-. The Revisional Court on the basis of the evidence adduced in the case come to the conclusion that there is a custom amongst the opposite party that the Mehr is paid before the consummation of marriage and therefore, in all probability this amount would have been paid before the consummation of marriage. It may be noted that no such custom was pleaded in the written statement, nor any evidence was adduced to show that the alleged custom was being followed in the family of the opposite party from times immemorial.