MOHAMMAD NAYEEM KHAN Vs. UNION LAW SECRETARY

JUDGEMENT

(1.) The petitioner herein has inter alia questioned the validity of Section 3(1) (d) of The Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to the 1986 Act') as also prayed for issuance of a Writ of Mandamus declaring the proceedings in M.C.No.38 of 1995, C.C.No.916 of 1995 and C.C.No.62 of 1997 on the file of XXII Metropolitan Magistrate- cum-Mahila Court, Hyderabad as violative of Chapter XVII-B of Criminal Procedure Code under Sections 218 to 224 and also Section 26 of General Clauses Act.

(2.) The petitioner married respondent No.4 on 16-4-1994. She was divorced by the petitioner on 28-8-1995. She also allegedly received Mehr and Iddat period amount of Rs. 19,985/- from Qazi Office and gave receipt therefor.

(3.) She filed an application in September, 1995 purported to be under Section 3 of the 1986 Act before the second respondent which was marked as M.C.No.38 of 1995. Subsequently, cognizance of the offence was taken in the said case. A miscellaneous petition was filed in the said proceedings. A complaint under Sections 498-A, 500 and 501 of Indian Penal Code read with Sections 4 and 6 of the Dowry Prohibition Act, 1976 was also filed which was marked as C.C.No.916 of 1995 before the XXII Metropolitan Magistrate-cum-Mahila Court, Hyderabad. A judgment of conviction and sentence was passed on 17-2-2000 whereby and whereunder the petitioner was convicted and sentenced to imprisonment for two years and fine of Rs.2,000/- for offence under Section 4 of Dowry Prohibition Act and also a fine of Rs.1,000/- under Section 6 of the Dowry Prohibition Act. Yet again, another complaint in C.C.No.62 of 1997 was filed for offence under Section 406 of Indian Penal Code which is still pending.