HALIMA KHATOON Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This criminal miscellaneous application has been filed under Sec. 482 of the Code of Criminal Procedure for quashing the order, dated 15.2.1997 passed in criminal revision case No. 7 of 1996 by learned 3rd Additional District and Sessions Judge, Saharsa.

(2.) The facts of this case, in brief, are that the petitioner filed an application under Sec. 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 on 1.6.1995 before the learned Chief Judicial Magistrate, Supaul, against opposite- party No. 2 Abdul Gaffar which was registered as miscellaneous case No. 12 of 1995. In the aforesaid petition, the petitioner, inter alia, contended that she was married with opposite-party No. 2 about twelve years ago and she had a daughter aged six years old from him, namely, Sahjadi Khatoon, who is living with her. Opposite-party No. 2 divorced her on 15.11.1994. However, he did not pay any amount of dower (den mahar), maintenance of the iddat period, maintenance for the girl child and the properties given by way of gift at the time of marriage and even by her father, etc. It was further contended that a sum of Rs. 25,000.00 was given to opposite-party No. 2 for purchase of motor-cycle and Rs. 10,000.00 was paid to him for starting a medicine shop. The petitioner, thus, claimed a sum of Rs. 81,565.00 on account of different items of demand. It was further contended that opposite-party No. 2 had also solemnised marriage with another lady and is living with her. The learned Chief Judicial Magistrate transferred the case to the Court of Shri Subhash Prasad Kumar, Judicial Magistrate, 1st Class, Supaul, who examined the witnesses and also after hearing the parties passed an order on 18.12.1995 whereby he allowed the claims of different heads to a total sum of Rs. 34,565.00. The opposite-party No. 2 Abdul Gaffar filed a revision application before the learned District and Sessions Judge, Saharsa. The matter was heard by learned 3rd Additional District and Sessions Judge, Saharsa, in criminal revision case No. 7 of 1996, who by his order, dated 15.2.1997 reduced the claim of the petitioner to a sum of Rs. 8,200.00 on the basis of a panchnama and also observed that the entire amount was paid.

(3.) Being aggrieved and dissatisfied with the aforesaid order this present criminal miscellaneous petition has been filed.