ANISHUL FATIMA @ AAISHA KHATOON Vs. BAKRIDAN NISHA

JUDGEMENT

(1.) Heard Mr. A.K. Sahani, learned counsel appearing for the petitioner and Mr. Mokhtar Ahmed, learned counsel for the opposite party nos. 1, 2 and 3.

(2.) This application is directed against the order dated 25.09.2001 passed by the learned Principal Judge, Family Court, Jamshedpur in Misc. Case No. 30 of 1998, whereby and where under direction has been given for continuation of payment of Rs. 700/- as monthly maintenance allowance to the opposite party no. 1 even after the death of the original opposite party on 05.11.1999.

(3.) It has been submitted by the learned counsel for the petitioner that the petitioner is the legally married wife of Abdul Rehman (since deceased) and therefore she was entitled to the entire amount which is paid by M/s TISCO Limited. Learned counsel for the petitioner further submits that the opposite party no. 1 was given talak by Abdul Rehman and Dain Mehar was also given to her and in such circumstances therefore the learned court below has committed an error in directing continuation of making payment of maintenance of Rs. 700/- per month.