SAMSUL HAQUE MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 482 of Cr. P. C registered as C.R.R. No. 1356 of 2007 is directed against the order dated 14.2.2007 passed by the learned Additional District & Sessions Judge, Fast Track Court Diamond Harbour in Criminal Motion No. 849 of 2005 modifying the judgment and order dated 22.9.2005 passed by learned Judicial Magistrate Diamond Harbour in case No. M 56 of 2000.

(2.) The petitioner, a divorced Muslim wife filed a petition under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 before the learned Magistrate for realising dower, value of her properties given at the time of marriage and maintenance during iddat period. Before that she filed a petition under Section 125, Cr.P.C. for monthly maintenance allowance of Rs. 1,500/-. She prayed for treating the instant petition as a part of that petition.

(3.) The O.P. disputed the amount of dower and denied giving of marriage gift or cash amount and contended that the petitioner is able to maintain herself. Learned Magistrate on consideration allowed the petition under Sections 3 and 4 of the Act and directed the O.P. husband to pay the petitioner a sum of Rs. 501/- as dower, Rs. 4,500/- towards maintenance during iddat period and Rs. 10,000/- as amount made for marriage gift and Rs. 600/- per month towards fair and reasonable provision from the date of the order.