ABDUL ZAHIR KHAN Vs. TARRANUM ARA

JUDGEMENT

(1.) THE applicant is aggrieved by the order dated 27. 8. 1997 passed by 3rd Addl. Session Judge, Chhatarpur in Criminal Revision No. 5/97 arising out of ex parte order dated 9. 2. 1996 passed in Criminal Case No. 22/1995 by Judicial Magistrate 1st Class, Chhatarpur.

(2.) THE respondent No. 1 Smt. Tarranum Ara has filed an application under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to 'the Act') against the applicant stating that she had married the applicant Abdul Zahid Khan on 20. 4. 1992. It was stated that the marriage was performed according to the Mohammedan Law at Chhatarpur and at the time of performance of the marriage Rs. 25,000/- was fixed as Mehar. It was further stated that father of the non-applicant had given articles to the applicant worth rupees one lac mentioned in the paragraph-3 of the application. Thereafter, a further demand of dowry was made on behalf of the applicant. Subsequent to non fulfilment of demand of Hero Handa, Colour T. V. etc. the applicant had turned out the non-applicant No. 1 from the house and, therefore, she was compelled to file an application under Section 125, Cr. P. C.

(3.) THEREAFTER, the applicant sent a registered letter stating that he had divorced non-applicant-1 and consequently, her application under Section 125, Cr. P. C. was dismissed by the C. J. M. , Chhatarpur. The applicant consequently claimed all in all Rs. 1,26,750. 00. This amount included Rs. 1,750. 00 for maintenance during the period of Iddat apart from Rs. 25,000. 00 for Mehar and Rs. one lac for the goods given by the father of the non-applicant No. 1 during the course of the marriage.