SHAMIM AHMAD Vs. KANEEZ BANO

JUDGEMENT

(1.) THE applicant has preferred the present revision against the order dated 31.3.2004 passed by the Second Additional Sessions Judge, Khandwa in Criminal Revision No.236/2002 whereby the Revisionary Court has modified the order dated 2.8.2002 passed by the JMFC Khandwa in MJC No.73/1997 whereby the JMFC Khandwa granted a maintenance of Rs.1000/ - per month to the respondent for the period of Iddat. Also granted a sum of Rs.11,786/ - for payment of Mahr and maintenance of Rs.250/ - per month was granted for Mustafa son of the respondent only for two years.

(2.) THE brief facts of the case are that the respondent has accepted the fact that she was divorced by the applicant, and therefore she had moved an application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to ''Special Act '') for payment of Mahr and maintenance etc. In the application, the respondent has demanded that according to the conditions of the Talaq, it was for the applicant to provide maintenance for the period of Iddat, and therefore she demanded a maintenance of Rs.3000/ - per month for that period. Similarly, she prayed for a lump -sum maintenance of Rs.25,000/ -. During the pendency of the application, a child was born, and therefore the application was amended and additional maintenance was demanded.

(3.) AFTER recording the evidence of the parties, the learned JMFC Khandwa has passed an order on the application that the respondent was entitled to get a sum of Rs.11,786/ - towards the amount due to Mahr. A sum of Rs.1000/ - per month was also granted to the respondent for entire period of Iddat. It was found that on 23.8.1997 when she was ousted from the house of the applicant, she was pregnant. A child born to the respondent was of the applicant, and therefore a maintenance of Rs.250/ - per month was granted to the child.