ISHARAT HUSSAIN Vs. SMT. RIHANA BANU AND OTHERS

JUDGEMENT

(1.) This criminal miscellaneous petition is directed against order dt. 16.07.2009 passed by the Sessions Judge, Sirohi whereby the revision petition preferred by the respondents against the order dt. 02.02.2009 has been allowed and the order dt. 02.02.2009 passed by the Chief Judicial Magistrate, Sirohi awarding maintenance in favour of the respondent No.1 during the period of Iddat, has been modified and the respondent No.1 has been held entitled for maintenance Rs. 1,000/- per month from the date of application till the remarriage.

(2.) It is contended by the learned counsel for the petitioner that in view of provisions of Section 3 of the Muslim Women (Protection of Rights on Divorce), Act 1986 (In short "the Act"), the maintenance can be allowed that the provisions of Section 3 of the Act restricting the payment of maintenance to the wife only during the period of Iddat has been held constitutionally valid by the Hon'ble Supreme Court in the matter of Dainal Latifi v. Union of India, AIR 2001 SC 3958 and therefore, the revisional Court has serious erred in awarding the maintenance to the respondent No.1 beyond the period of Iddat.

(3.) It is to be noticed that in the Danial Latifi's case, a Constitution Bench of the Hon'ble Supreme Court while dealing with the question regarding entitlement of divorced Muslim woman for maintenance in terms of the provisions of Section 3 of the Act, observed as followed:-