MOIN ALIAS MOINUDDIN MIAN Vs. AMNA KHATOON

JUDGEMENT

(1.) This revision petition is directed against the order dated 8.9.1988 passed by the Chief Judicial Magistrate, Hazaribagh, whereby he rejected the petitioner's petition dated 17.8.1988, which was filed for dropping the proceeding on the basis of "The Muslim Women (Protection of Rights on Divorce) Act, 1986.

(2.) Brief facts of the case are that Opposite Party Amna Khatoon applied for maintenance under Section 125 of the Criminal Procedure Code against the petitioner which ended in a compromise by order dated 5.7.1983 as a result of which she became ready to live with the petitioner; copy of that order dated 5.7.1983 is Annexure-1.

(3.) The compromise did not prove to be a lasting one. Therefore, the said Opposite Party again moved the Court for an order of payment of Rs. 250/- per month towards her maintenance and an order was made for deposit of Rs. 350/- by way of maintenance of the said Opposite Party by the petitioner and the petitioner complied with the order on 14.7.1988. But inspite of the consent given in the Court that the said Opposite Party will go alongwith the petitioner to his house, she flatly refused to go with the petitioner to her matrimonial home, which ended in divorce on the very same day. The petitioner also sent a registered letter dated 15.7.1988 whereby he informed her about the divorce and this letter was received by her on 19.7.1988 as per the Acknowledgement receipt, Annexure-2 to the petition. Thereafter, the petitioner sent Rs. 860/- as her expenses till Iddat to the Opposite Party through postal money order and Rs. 232/- the amount of Dan Mehar by separate money order. However, she refused to receive the same. Thereafter, the petitioner moved the Court for dropping the proceedings as aforesaid.