ABDUL MANNA DALAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In connection with a proceeding under Section 3 (1)(a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the petitioners have been directed by the Court below to pay a sum of Rs. 36,000/- to the wife/opposite party as her maintenance. However, the petitioner having failed to pay the said amount of money to the opposite party/wife, she moved the Court below for enforcement of such order. When the petitioner was taken into custody and sentenced to suffer simple imprisonment for one month or till the payment is made, whichever is earlier. After the petitioner served out the sentence of one month, on December 22, 2009 he was again produced before the Court below, when on his undertaking to liquidate the outstanding maintenance, if released, the petitioner was released from jail fixing 5th February, 2010 for payment.

(2.) It is an admitted position that till date no payment has been made and this criminal revision has been moved for directing the State Wakaf Board to pay maintenance to the opposite party in terms of provision of Section 4 (2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 as the petitioner/husband has no capacity to comply with the Courts order.

(3.) Heard the learned advocate of the petitioner. Perused the materials on record.