QAMRUNNISA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Sections 397 and 401 of the Code of Criminal Procedure has been filed by the applicant challenging the order dated 27.6.1995 passed by the learned Additional Judicial Commissioner, Ranchi in Cr. Revision No. 15/95, whereby and whereunder the Revisional Court set aside the payment of Rs. 13,000.00and return of the articles as mentioned in the Dahej List, which was allowed by the learned Judicial Magistrate in Misc. Case No. 11/92.

(2.) The short facts of the case leading to this application is that the marriage of the petitioner was solemnised as back as on 14.6.1980, according to Mohammadan Law with respondent No. 2 and after the said marriage, the couple was living together as husband and wife but the Opposite Party/respondent No. 2 started torturing the petitioner and also started demanding money as dowry and therefore the petitioner came to her parents' house but again after lapse of one year, she went to her sasural It is further claimed that the petitioner also gave birth to three children out of the wedlock of the petitioner and Opposite Party No. 2 It is further claimed that articles worth Rs. 80,000.00 had been given by the petitioner's father at the time of marriage and a sum of Rs. 13,000.00 was given for purchase of Colour T.V. and ornaments were also given at the time of marriage. It is further alleged that Opposite Party No. 2 divorced the petitioner on 14.1.1992 and thereafter, the petitioner had filed a Misc. Case No. 11/92 under Section 3 of the Muslim Women (Protection of Right on Divorce) Act, 1986 against the Opposite Party No. 2 to pay Den Mehar, expenses for Iddat period and Rs. 13,000.00 paid by her father for purchase of Colour T.V. and also return of the articles as mentioned in the Dahej list.

(3.) The learned Court below allowed the petition granting a sum of Rs. 5,551.00 for Deb Mehar and Rs. 13,000.00 which was given for purchasing colour T.V. and return of articles as mentioned in the Dahej list by order dated 17.11.1994 passed in Misc. Case No. 11 of 1992.