GULAM HASAN Vs. JOHRA BI

JUDGEMENT

(1.) THE applicant has directed this revision petition against the order dated 21. 12. 1992 passed by the Additional Sessions Judge, Khargaun in Criminal Revision No. 35/91, modifying the order of maintenance passed by the Chief Judicial Magistrate, Khargaun in Criminal Case No. 138/89, decided on 11. 12. 1990.

(2.) THE brief facts of the case are that the non-applicant Johra Bi filed an application before the Chief Judicial Magistrate, Khargaun under Section 3 (ii) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 claiming the maintenance allowance at the rate of Rs. 500/- per month and recovery of the amount of dower amounting to Rs. 5,000/-and the price of the articles given to her at the time of marriage amounting to Rs. 31,664/ -. The non-applicant claimed the maintenance at the rate of Rs. 500/- per month for the period of Iddat as well as the future maintenance from the date of divorce till the communication of the same to her by the applicant.

(3.) THE petition was resisted by the applicant Gulam Hasan. The learned Chief Judicial Magistrate after considering the evidence of both the parties partly allowed the application of the non-applicant, Johra Bi and awarded Rs. 1,665/- by way of maintenance allowance at the rate of Rs. 500/- per month for the period of Iddat and Rs. 5001/-by way of amount of Mahar and also Rs. 9,000/- by way of the amount of properties given to her at the time of marriage and the applicant was directed to pay the total amount of Rs. 15,666/- to the non-applicant.