SMT. KAMROON Vs. KAMRUDEEN

JUDGEMENT

(1.) Instant petition has been filed by petitioner-wife assailing the order dated 24th Oct., 1997 whereby Revisional Court has set aside the order dated 25th Nov., 1994 - as a consequence whereof, the talak between the parties upheld by learned trial Judge became noneffective and she does not became entitle for mehar and other dowry articles to which she became entitled for u/s.3 of Muslim Women [Protection of Rights on Divorce] Act, 1986.

(2.) The marriage between the parties took place on 6th May, 1987 and from this wedlock, two sons were born. Petitioner filed application u/s.3 of the Act in which it was alleged that divorce between them took place on 26th June, 1992, as such she became entitled for mehar and maintenance for the said period and also prayed for return of dowry articles. Learned trial Judge partly allowed her application vide order dated 25th Nov., 1994 and it was directed that she is entitled for maintenance and mehar u/s.3 of the Act, 1986. Since her claim was partly rejected, she preferred revision petition for partly rejection of her claim. At the same time, respondent-husband also preferred revision in regard to partly relief which was accepted by learned trial Judge. Both the revision petitions were disposed of by common judgment vide order dated 24th Oct., 1997 while rejecting the revision petition preferred by petitioner and accepting the revision petition of respondent herein and upheld that there was no talaq which has taken place between the parties - as such her application filed u/s.3 of the Act, 1986 was not maintainable.

(3.) I have considered the submissions of counsel for parties and perused the order impugned.