MUSTAFIRAN BIBI Vs. ABDUL RASID KHAN

JUDGEMENT

(1.) THE appellant No. 1 and her three children had prayed for monthly maintenance at the rate of Rs. 2000/ - and arrear maintenance for Rs. 34,400/ - for the period from 1.8.1990 till 6.1.1992 along with dower dues amounting to Rs. 4005.25 before the learned Judge, Family Court, Cuttack. They had also claimed return of the dowry articles like cash, ornaments, furnitures, clothing etc. from the respondent.

(2.) THE respondent on the other hand had taken a plea that the appellant No. 1 was a divorcee with effect from 13.12.1991, and as such the proceeding is not maintainable in view of Section 3 of the Muslim Women (Protection of Rites on Divorce) Act, 1986, (hereinafter referred to as the 'Act'), according to which a Muslim divorcee shall only be entitled to meher and other Dower. It was further claimed that an application under Section 125, Cr.P.C. is not maintainable in view of Section 3 of the Act. The point of jurisdiction had also been taken by the respondents. The learned Judge, Family Court accepting the contention of the respondent, rejected the appellants' prayers for maintenance, return of dowry articles and also dower amount.

(3.) WHILE determining the rights of the parties, we hope and trust that the learned Judge Family Court shall decide the case keeping in view the principles laid down in Danial Latifi and Anr. v. Union of India, reported in JT 2001 (8) SC 218. For his better guidance, we hereby quote the following observation of the Supreme Court :