HALIMA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner herein has preferred this application against the order dated 29.8.2002 passed in Cr. Revision no. 49/2002 (S) by the 3rd Additional Sessions Judge, Saharsa. By the said order, the learned Sessions Judge set aside the order dated 16.2.2002 passed by the Judicial Magistrate, 1st Class, Supaul in Misc. Case no. 12/95. The learned Sessions Judge held that the order granting lump sum payment/amount of Rs. 25,000/ - to the petitioner for maintenance for the post "Iddat" period was against the provisions of Section 3(1)(A) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the Muslim Women's Act).

(2.) THE facts necessary for the purpose of the present decision are briefly narrated hereinafter. The petitioner, wife of opposite party no. 2, filed Misc. Case no. 12/95 before the Chief Judicial Magistrate, Supaul stating that the opposite party no. 2 had divorced the petitioner on 15.11.94 and that she had not been paid her 'Den Mehr', maintenance for the 'Iddat' period and certain other reliefs. The learned Chief Judicial Magistrate transferred the case to the Court of Judicial Magistrate, 1st Class, Sapul for trial and disposal. Opposite party no. 2 conceding the fact of marriage and divorce contested the claim. The learned Judicial Magistrate, 1st Class after hearing the parties by his order dated 18.12.95 allowed the claim of the petitioner for a total sum of Rs. 34,565/ - which amongst others included a sum of Rs. 1715/ - as reasonable and fair provision for the 'Iddat period.

(3.) THE petitioner herein then preferred Cr. Misc. No. 5723/97 before Court and which was allowed by an order dated 9.4.1999. The order of 3rd Additional Sessions Judge dated 15.2.1997 was set aside and the matter was remanded with a direction to hear the matter afresh and pass a reasoned order in accordance with law, however the direction for payment of Rs. 34,565/ - inclusive of maintenance for the period of 'Iddat' as granted by the Judicial Magistrate, 1st Class, by his order dated 18.12.1995 was not interfered with.