AZIM KHAN Vs. NAJUK BE

JUDGEMENT

(1.) S. C. Jain, J. The facts giving-rise to the writ petition are that the res pondent No. 1, Smt. Najuk Be, wife of Azim Khan, petitioner herein, filed a petition under Section 3 of 'the Muslim Women (. Protection of Rights on Divorce) Act, 1986, by which she claimed Rs. 10,000 as dower, Rs. 40,000 for goods given in dowry and Rs. 1,500 as maintenance during Iddat. Thus, she claimed total amount of Rs. 51,500.

(2.) SUMMONSES were ordered to be issued to the non-applicant, i. e. the husband-opposite party (petitioner herein ). The summonses were not served personally on the petitioner. But a report was submitted by the process in this regard, which reads as under : ""summon ki tamili mujh ke dwara kee gayee to abhiyukt ghar par nahin milta hai athawa summon tamili karne se bachta hai, Shrimaoji abhiyukt ka giraftari warrant bhejane ki kripa ki jawe. Report sewa roein preshit hai. Sd/-Illegible 21-1-1992"

(3.) THE wife, the respondent to this writ petition, challenged that order before the Sessions Judge. Plight, who by his order, dated 26-8-1994 accepted the revision petition and set aside the order passed by the trial court.