SHAIKH FARUK Vs. NAFISABEE MIRZA & ANR

JUDGEMENT

(1.) By this writ petition, the petitioner challenges the order passed by the learned Judicial Magistrate, First Class, Court No.2 Dhule, on 3-3-2008 in Criminal Miscellaneous Application No.678 of 2005 filed by Respondent-wife under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as "the Muslim Women Act"). That order is confirmed by the learned Ad hoc Additional Sessions Judge, Dhule in Criminal Revision Application No.78 of 2008 decided on 4-4-2009, whereby present petitioner-husband is directed to pay Rs.3600/- to Respondent No.1-wife towards her maintenance during iddat period and also to pay Rs.1,50,000/- to the respondent in 10 quarterly installments of Rs.15,000/- each commencing from June 2008 till realization of entire amount as reasonable and fair provision for respondent No.1 for rest of her life. In Criminal Revision Application No.89 of 2008 filed by respondent Nafisabee, further direction is given to the petitioner Shaikh Faruk, by the Sessions Court, to hand over articles mentioned in list Exh. 22 to the respondent. Being aggrieved by orders in both revisions, this writ petition is filed.

(2.) It is not disputed that present respondent No.1 and petitioner are Muslims by religion. It is the case of the respondent that she married with petitioner on 30-5-1999. Two daughters are born out of the said wedlock. Thereafter, the petitioner divorced respondent No.1 on 30-9-2005. Thereafter, respondent No.1 filed above said Criminal Misc. Application No.678 of 2005 under Section 3 of the Muslim Women Act against present petitioner which came to be decided and the order of maintenance as aforesaid was passed, but prayer for returned of Dahej articles as per list Exh. 22 was rejected. Said order was challenged in revisions filed by both the present writ petitioner and the respondent in the Sessions Court. Revision filed by the petitioner came to be dismissed and the revision filed by the respondent was allowed as stated earlier. It is these orders which are challenged in the present writ petition.

(3.) Heard Advocate Shri Afzal Hussain for the petitioner and Advocate Shri C.V. Bhadane for respondent No.1 and Shri B.V. Wagh, APP for respondent No.2.