MOHD NASEERUDDIN KHAN Vs. SABIHA NASEER

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C. to quash the proceedings in MC No.21/1996 on the file of XXII Metropolitan Magistrate-cum-Mahila Court, Hyderabad.

(2.) The facts in giving rise to the filing of this petition are, briefly, as follows :- The first respondent, Sabiha Naseer, filed a petition in MC No.21/96 under Section 3(1)(a)(c)(d), 3(2), 3(3)(a) and (b) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short the 'Act'), alleging that the marriage in between her and Mr. Hafeezuddin Khan, the second respondent herein was performed on 4-7-94 and the petitioner came to know about the dissolution of marriage in April, 1996 and she sought to recover Rs.25,000/- towards fair provision for maintenance of the petitioner under Section 3(1)(a) of the Act, Rs.24,000/- towards fair provision and maintenance of the petitioner's daughter for two years, Rs.25,000/- towards deferred dower besides dowry and jehez articles,worth Rs. 1,23,500/ and other gold ornaments mentioned in detail in the petition against her former husband and father-in-law, the petitioner herein. It is specifically alleged in the petition that both the respondents i.e. her former husband and her father-in law were in possession of the said gold presentations, jewellery and other gift articles and they are liable to return the same or value thereof.

(3.) Now the petitioner, who is father-in- law, of the said Sabiha Naseer, filed this petition quash the proceedings in M.C.No.21 1996.