SAIFULLAH ANSARI Vs. FAHMEEDA BANO

JUDGEMENT

(1.) C. A. Rahim, J. This revision has been directed against the judgment and order dated 29-6-1993 passed by the 11 Additional Chief Metropolitan Magistrate, Kanpur Nagar, in Case No. 500/91 allowing the wife's application under Section 3 of the Muslim Woman (Protection of Rights on Divorce) Act, 1986.

(2.) THE learned counsel for the applicant has submitted that while awarding allowance to the daughter of the applicant, income of the applicant was not considered by the learned Magistrate. He has also submitted that the order allowing Rs. 22,000 in lieu of the properties given to the husband in connection with the marriage was arbitrary and illegal, as the wife failed to prove delivery of the property during the marriage. He has also challenged the maintenance allowance of the wife during the Iddat period.

(3.) AS regards the maintenance during the period of Iddat same principle would apply. It can only be granted after determination of the husband's income and other factors, mentioned above, with regard to the amount granted in favour of the wife in lieu of the properties given at the time of marriage, it appears that the learned Magistrate relied upon a piece of paper written by a witness without signature of the parties with certain observations which 1 do not consider to be unreasonable. What the Iearned Magistrate is to see whether part of the properties was taken away by the wife at the time of withdrawal of the company and value of the property so taken away by the wife at the time of departure should be deducted while awarding subsistence in her favour.