ZEENAT FATEMA RASHID Vs. MD IQBAL ANWAR

JUDGEMENT

(1.) This revision petition arises from an order of the Principal judge of the Family Court at Guwahati made on 7/8/1992 in Case No FC (Cri.) No 111/92/74-M/90.

(2.) The case of the petitioner, in brief, is thus. The petitioner Zeenat Fatema Rashid married Md Iqbal Anwar, on 2/12/1987, according to Muslim rites. After the marriage they lived as husband and wife at husband's residence. She had borne him a son on 3/11/1989. After that she was ill-treated by her husband and her in-laws. She, therefore, instituted a criminal case on 13/8/1990 being case No. 87 of 1990. Finding no other alternative, she had to lead her husbandTs house and had to file criminal case for getting back her properties and those properties were recovered on 31/8/1990. She also filed a case under section 125, Cr. P.C. against her husband on 29/8/1990 claiming maintenance for herself and her minor child. Md. Iqbal Anwar (the respondent) contested the case by filing written statement. His main defence is that he had divorced his wife, the petitioner herein, on 31/8/1990.

(3.) The family Court has held that these had been a divorce duly effected and, therefore, claim for maintenance would be determined under section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. With regard to maintenance of child, the Family Court has directed that interim maintenance granted would continue pending final disposal of the case. Hence this petition.