MOHD SAYEED Vs. REHANA BEGUM

JUDGEMENT

(1.) Both the aforesaid First Appeals have been been filed under Section 19 of the Family Courts Act and the common question of law involved in both the aforesaid First Appeals, is as to whether the Family Court had jurisdiction to pass orders under, The Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the Act) ?

(2.) Before appreciating the question of jurisdiction of the Family Court, it is necessary to notice the facts of the cases of both aforesaid Appeals. In First Appeal No. 642 of 1991, Smt. Rehana Begum, respondent herein, filed a petition under Section 125 of Cr.P.C. against her husband, Mohd. Sayeed with the allegation that they were married according to Muslim rites and customs on 11.4.1986and from their wedlock a daughter named Shabana, who was aged about one year at the time of the filing of the petition, was born. Mohd. Sayeed, the appellant herein, informed by a letter to his wife, Smt. Rehana that he has divorced his wife. The aforesaid divorce letter was received on 14.3.1989 and the petition filed by Smt. Rehana, under Section 125 of Cr.P.C, was converted into proceedings under the Act.

(3.) On a detailed consideration of pleadings of the parties and evidence led by the parties the Judge, Family Court, Bareilly vide his judgment dated 27.9.1991, directed the husband, namely, Mohd. Sayeed, the appellant herein, to pay Rs. 2500/- by way of Mehar to his wife, Smt. Rehana and Rs. 5000/- as value of the articles given to him in dower and maintenance at the rate of Rs. 400/- per month for three months being the period of Iddat and Rs. 100/- per month by way of maintenance for Shabana, the daughter of the appellant from 5.4.1989 i.e. the date of the petition.