MD SENAUL SHEIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the State. The opposite party No. 2 has not appeared in spite of valid service of notice upon her. Petitioner is aggrieved by order dated 5th August 2010 passed by the

(2.) LEARNED Principal Judge, Family Court, Pakur, in Criminal Miscellaneous Case No. 35 of 2008, in a proceeding under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, whereby, the petitioner was directed to return back the due amount of Den Mohar and the cost of the articles given at the time of marriage, as also to make the payment of the cost of maintenance @ Rs.500/- per month up till Iddat period to his divorced wife.

(3.) LEARNED counsel for the petitioner has submitted that the impugned order passed by the Court below is absolutely illegal, inasmuch as, the petitioner had returned back the entire articles and the amount of Den Mohar to the Opposite Party No.2 at the time of divorce. Learned counsel accordingly, submitted that the impugned order cannot be sustained in the eyes of law.