BHANWAR NEK MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel and learned Public Prosecutor on application under Section 438, CrPC. The complainant Smt. Tabassum submitted a written report on 13.5.2002 at Manila Police Station, Alwar. Gate, Ajmer, against her husband Qayum Khan, father -in -law Bhanwar Nek Mohammed, mother -in -law and others with the averments that she was married to Qayum Khan in April, 2001. After marriage a dispute arose regarding the demand of Rs. 5,00,000/ - by her father -in -law. The complainant gave the details of harassment in connection with various demands of dowry from time to time and stated that her husband orally divorced her and her ornaments were also taken from her. It is also stated that articles of 'Stridhan' were not returned to her. First Information Report was registered under Sections 498A and 406, IPC.

(2.) WHEN this application came for hearing on 17.7.2002, time was granted at the request of accused -petitioner to return the articles of 'Stridhan'. Learned Counsel contended that the complainant went to her parents house with all the ornaments and the remaining articles were delivered at police station on 2.7.2002. It was also contended that Section 3 of Muslim Women (Protection of Rights of Divorce) Act, 1986 (in short the Act, 1986), makes a provision for filing an application before the concerned Magistrate for delivery of all the properties given to the bridegroom before or at the time of marriage. Learned Public Prosecutor contended that a list of articles delivered by the accused -petitioner at police station contains insignificant articles and not a single ornament and the cash amount was delivered and the provisions of the Act, 1986 makes a provision for delivery of properties given by the husband or his friends or relatives and not the dowry articles given by the parents of the bridegroom.