NUSHAD AKHTAR Vs. RAJANI PARVEEN

JUDGEMENT

(1.) Heard learned counsel for the opposite party appellant and learned counsel for the petitioner respondent.

(2.) This appeal is directed against the impugned Judgment and Order dated 20th January, 2017, passed by the learned Principal Judge, Family Court, Koderma, in Misc. Case No. 3 of 2013, whereby the application filed by the respondent, who is a divorced Muslim woman, against her ex-husband, the appellant herein, for getting her amount of Dain Mehr, Iddat expenses, besides to return the articles, ornaments etc., given at the time of marriage, as detailed in the Schedule-A to the petition, was allowed by the Family Court below.

(3.) The case of the parties is that the marriage between them was performed according to Muslim rites and customs on 31.5.2008, wherein Dain Mehr was fixed as a sum of Rs. 11,051/-. Gifts and presentations were also given to the wife at the time of marriage, as fully described in Schedule-A to the petition filed in the Family Court. Even after the marriage, some articles were given to the husband's family. In the meantime, the husband had gone to abroad for work. Upon return from abroad, there was a panchayati, due to the matrimonial dispute between the parties, which was held on 18.3.2013, in which, the husband gave divorce to the wife in presence of the Panches, and also promised that he would return the ornaments and articles presented at the time of marriage, and also to pay the Dain Mehr and Iddat expenses. As neither the money was paid nor any article was returned, the wife was compelled to file the application under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, (hereinafter referred to as the 'M.W. Act'), for getting the amount of Dain Mehr and Iddat expenses and other articles.