IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 49 of 2008()
1. V.MOHAMMED ASHRAF,
... Petitioner
Vs
1. P.UMMAKULSU, D/O.P.KUNHALI HAJI,
... Respondent
For Petitioner :SRI.SUNIL V.MOHAMMED
For Respondent :SRI.MANJERI SUNDERRAJ
The Hon'ble MR. Justice R.BASANT
Dated :21/11/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 49 of 2008
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Dated this the 21st day of November, 2008
O R D E R
The petitioner is aggrieved by an order directing payment
of amounts under Section 3 of the Muslim Women (Protection
of Rights on Divorce) Act. The learned Magistrate had directed
payment of a total amount of Rs.3,29,900/- The court of revision
upheld the order in so far as it relates to an amount of
Rs.3,05,900/- as shown below.
Trial court Revisional court Fair and reasonable provision Rs.18,400 Rs. 18,400 Default Mahar Rs.24,000 Nil Mahar Rs.20,000 Rs. 20,000 Maintenance during iddat period Rs. 4,500 Rs. 4,500 Amounts appropriated Rs.75,000 Rs.75,000 Gold ornaments to be returned Rs. 2,08,000 Rs.2,08,000
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Rs.3,29,900 Rs.3,05,900
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2. It is submitted at the Bar that the petitioner was not
given reasonable opportunity to substantiate his contentions. An
Crl.M.C.No. 49 of 2008
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amount of Rs.2,00,000/- has been remitted before the court as per
interim order on 6.11.2008. The learned counsel for the respondent
also submits that proper amount has not been awarded under the head
fair and reasonable provision, at any rate.
3. Be that as it may, in the course of discussions there is an
agreement between the parties that the impugned orders can be set
aside and the learned Magistrate can be directed to dispose of the
matter afresh, subject to conditions. I am satisfied that such agreement
between the parties can be accepted and this Crl.M.C. can be allowed.
4. In the result:
a) This Crl.M.C. is allowed in part.
b) The amount of Rs.2,00,000/- which is already deposited
before the court below shall forthwith be released to the claimant/
respondent.
c) The learned Magistrate shall dispose of M.C. 9 of 2001 afresh
after giving the parties further opportunity to substantiate their
respective contentions.
Crl.M.C.No. 49 of 2008
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d) The parties shall appear before the learned Magistrate on
9.12.2008. The learned Magistrate shall dispose of the matter afresh as
expeditiously as possible, at any rate, within a period of three months
from that date. Whatever be the final decision in the case, the
respondent shall not be liable to return the amount of Rs. 2 lakhs which
is ordered to be released to her.
e) The learned Magistrate shall decide the question afresh
unfettered by any directions already issued or upheld by the revisional
court.
f) The attachment of property in furtherance of the execution
proceedings shall continue till the entire amount payable after orders
are passed afresh is paid and discharged.
(R. BASANT)
Judge
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