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2008 Supreme(Bom) 966

A.H.JOSHI
Skh. Hafiz Skh. Habib – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. D.L. Dharmadhikari, Advocate for the petitioner.
Mr. A.S. Sonare, Additional Public Prosecutor for respondent no.1.
Mr. A.B. Mirza, Adv., for respondent no.2.

JUDGMENT :

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














































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