MOHD HASIB Vs. RUBINA

JUDGEMENT

(1.) INVOKING extra-ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as 'the code' ). Petitioner has filed this petition for quashing the execution proceedings pending in the Court of JMFC, Bhopal, in MJC No. 21/06.

(2.) RESPONDENT/divorced wife filed a MJC No. 4/03 against her husband under Section 3 of The Muslim Women (Protection of Rights on divorce) Act, 1986 (referred as 'the Act'), before JMFC, Bhopal vide order dated 30-9-2003. Respondent was granted Rs. 25,786/- Maihar amount, rs. 6,000/- maintenance for Iddat period and Rs. 3,00,000/- for reasonable and fair provisions, and maintenance etc. It was also directed that petitioner shall return dowry items. However, the petitioner did not comply the order and respondent moved an application for execution of the order for payment of maintenance as MJC No. 12/05, petitioner was sentenced to one year imprisonment vide order dated 10-8-2005. Petitioner has undergone whole sentence of one year and so far only deposited Rs. 7,200/ -.

(3.) ON 22-7-2006 respondent has filed another application for execution of order dated 30-9-2003 in MJC No. 4/2002 and prayed that the aforesaid amount should be recovered otherwise petitioner should be again sent to imprisonment for one year.