ALI MOHAMMAD ZAHID ALSHID Vs. BABITA KHATUN

JUDGEMENT

(1.) By this revision petition the petitioner has challenged the legality and validity of the judgment and order dated 7-3- 2011 passed by the learned Sessions Judge, Goalpara in Case No. CM. 47 of 2010.

(2.) The facts leading to the filing of this petition may be briefly stated.

(3.) The Opp. party filed a petition under Section 3(1) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 in the Court of the learned Chief Judicial Magistrate (CJM), Goalpara against the present petitioner, who was arrayed as the opp. party therein. The said petition was registered as Case No. MCR-355/2009. According to the opp. party, both the petitioner and the opp. party got married on 6-1-2003 as per Muslim law. The dower was fixed at Rs. 25,001/-, out of which an amount of Rs. 200/- was paid by the petitioner. Thus, an amount of Rs. 24/801/- remained outstanding as deferred dower. Out of wedlock, one child was born in the year 2005. According to the opp. party, the petitioner began to make demands for dowry and also began to torture her. He finally divorced her on 1-6-2007 without paying the deferred dower, maintenance for the iddatperiod and without returning the dowry goods and drove her away along with her minor child, whereafter she started living with.her parents.