MAHBOOB Vs. GULSHAN BANO

JUDGEMENT

(1.) THE facts giving rise to this petition under Section 482 of the Code of Criminal Procedure (the Code) are as under:

(2.) THE respondent -Gulshan Bano (hereinafter to be referred to as 'the claimant') was married to Mushtaq Ahmad Bhati, the son of Mahboob (the present petitioner) on 11.4.1981 in accordance with the Muslim rites. After the marriage between the parties, the claimant resided with her husband along with the present petitioner and his wife Mst. Jamila. A son, Majid was born out of their wedlock. However, the parties could not pull on well and the claimant started residing in her parents' house and, thereafter, Mushtaq Ahmad Bhati divorced her in accordance with the Mohammedon law. The claimant -wife filed a petition under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (the Act) alleging therein that in November,l989, her previous husband, without any good cause, shunted her out of the matrimonial home and later on she had learnt that he had divorced her, but she had not been paid the "mahr" amount or the amount of maintenance for 'iddat' period and even the articles presented to her at the time of her marriage by her parents and other relations as per the list annexed thereto had not been returned to her. She, therefore, prayed that a direction be issued for payment of the mahr amount, maintenance amount for iddat period and for return of the articles or for the payment of the price therefor. The claimant, besides impleading her previous husband Mushtaq Ahmad Bhati, also impleaded the present petitioner and his wife Jamila as the respondents in the petition. The petition was contested by the petitioner and other respondents. After recording the evidence produced by the parties, the learned Trial Court came to the conclusion that the amount of mahr money due to the claimant was Rs. 32.25 p. and further that she was entitled to receive Rs. 2,000/ - by way of maintenance for the iddat period and was also entitled to recover the articles mentioned in the list annexed with the petition of the value of Rs. 29,000/ - and directed the respondents, including the present petitioner, to pay the amount of mahr, the amount of Rs. 2,000/ - as maintenance for iddat period and to return the property mentioned in the list annexed with the petition or to pay Rs. 29,000/ - as the value thereof. Feeling aggrieved, the petitioner has approached this Court by filing this petition under Section 482 of the Code.

(3.) IN this petition, Mushtaq Ahmad Bhati was impleaded as respondent No. 2, but, since he was reported to have gone abroad and could not be served, he was given up and his name was deleted vide order dated 13.11.96 passed by this Court.