MOHAMMAD SHAFI Vs. NASRIN BANO

JUDGEMENT

(1.) An application was filed by the respondent-wife against the petitioner-husband under Section 3(1)(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short 'the Act') before the Court of Additional Civil Judge (Junior Division) and Judicial Magistrate First Class No. 2, Bhilwara wherein it was stated that she got married on 10-11-90 as per the customs prevailing in the Muslims. At the time of marriage, mehar amount of Rs. 21,000/- was fixed. However, there were no cordial relations with him, therefore, she had to file an application seeking divorce from her husband. During the pendency of that application for divorce, her husband gave Talaq (Divorce) on 1-6-95 and in talaqnama, it was deliberately mentioned by her husband that his wife proposed "khulla" and in lieu thereof, she has let go "mehar amount" whereas she had never asked for "khulla" nor she has allowed to let go the mehar amount. Her husband was Junior Fitter Attendant and drawing salary of Rs. 4,000/- per month. His brother and father were doing business separately, therefore, Rs. 1,000/- be paid for Iddat period along with the mehar amount of Rs. 21,000/- and other belongings be ordered to be paid to her along with costs and interest. The said application was opposed by her husband by stating that his wife had asked for khulla and let go mehar amount, therefore, she was not entitled for the same.

(2.) After considering the evidence led by the respective parties before him, the learned Magistrate accepted the application filed by the wife and ordered the husband - present petitioner to pay mehar amount of Rs. 21,000/- and to pay Rs. 333/- per month during the Iddat period and also to return the belongings, failing which he will have to pay Rs. 50,000/- each for jewellery and other belongings in all Rs. 1 lac.

(3.) The petitioner challenged the aforesaid impugned order dated 6-4-99 passed by the Magistrate by way of revision No. 21/99 before the Sessions Court which was partly accepted by the learned Additional Sessions Judge No. 2, Bhilwara by his judgment and order dated 22-1-2001 whereby he set aside the order passed by the Magistrate ordering the husband to pay Rs.50,000/- each for not returning jewellery and her belongings. However, rest of the order regarding payment of mehar amount of Rs. 21,000/- with Rs. 333/- per month during the Iddat period and the order regarding returning jewellery and other belongings given at the time of marriage in dowry was maintained. This has been challenged by the petitioner-husband in this misc. petition before this Court under Section 482, Cr. P.C.