A.H.JOSHI
Skh. Hafiz Skh. Habib – Appellant
Versus
State of Maharashtra – Respondent
1. On 22nd March, 2006, this Court ordered Rule, which was made returnable early.
2. The admitted position, as a background of case, can be narrated as follows:-
[a] Marriage was solemnized on 30th July, 1982.
[b] Agreed amount of .Mehar. is Rs. 5051-00.
[c] According to husband, wife has left husband's house, and it was not a case of neglect or refusal.
[d] No maintenance for the period of Iddat or amount of Mehar was not paid. [e] Wife filed Misc. Criminal Case No. 23 of 1983, under Section 125, Criminal Procedure Code which was allowed, granting maintenance of Rs.100/- per month.
[f] This order was confirmed by Revisional Court.
[g] The wife filed proceedings for recovery of maintenance in Misc. Criminal Case No. 23 of 1983. During pendency of this application, the Muslim Women [Protection of Rights on Divorce] Act, 1986, came into force.
[h] Petitioner applied under Section 7 of the Act and wife's recovery proceedings were closed, and this order has attained finality.
[i] Wife filed Regular Civil Suit No. 580 of 1984 for recovery of Mehar, which has been decreed and amount has been recovered.
[j] Wife filed a suit for recovery of her belongings which was decreed and
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.