SHAKILA PARVEEN Vs. HAIDER ALI ALIAS HAIDER

JUDGEMENT

(1.) This revision is directed against the order passed by the 5th Judicial Magistrate, Sealdah in a proceeding under section 3 of the Muslim Women (Protection of Rights on Divorce) Act in M-37/93. The opposite party No. 1 was the husband of the revision-petitioner and their marriage was solemnised on 5th of May, 1991 as per Muslim rites and customs against Den Mehr amount of Rs. 2500. The said Marriage was entered into Nikah Nama in the office of the Muslim Marriage Registrar and Kazi.

(2.) The petitioner has claimed to have given some dowry at the time of their marriage. Sometimes after marriage their matrimonial life did not end peacefully and, therefore, the petitioner, however, was forced to leave the private respondent's house in February, 1993. Thereafter a case was registered under section 498A and 406 IPC. At the moment the case under section 498A is still pending. The revision-petitioner filed an application under section 125 of the Code of Criminal Procedure on 18.5.93 against the opposite party No. 1 and the learned Magistrate granted maintenance of Rs. 800/- per month for Iddat period from 18.5.93 to 15.7.93 over and above Den Mehr amount of Rs. 2500/-. The petitioner being aggrieved by the said order has preferred this revision.

(3.) Although the copy of the revisional application was served upon the private respondent but none has appeared on his behalf.