AMAL KANTI BHATTACHARJI, J.

( 1 ) THE parties, a Muslim couple, were divorced on the 4th April, 1985, when the petitioner, the former husband, paid to the opposite party a sum of Rs. 6,000/- on account of Den-mohur of Rs. 1,000/- and the balance for maintenance of their three minor children. The opposite party made an application before the learned Magistrate u/s. 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, contending that the amount given was exhausted within two years and made a prayer for a direction upon the petitioner to make fair and reasonable provision for future. The learned Magistrate relying upon a single Bench decision of Gujarat High Court AIR. 1988 Guj 141, took the view that the opposite party was entitled to get future maintenance from the petitioner and in the circumstances of the case held that he should pay a sum of Rs. 15,000/- in three instalments and an appropriate order was accordingly made. It is this order which is sought to be revised.

( 2 ) WITH great respect to the learned single Judge of Gujarat High Court, I am unable to persuade myself to hold that under the said Act a former Muslim husband can be directed to pay to his divorce

Click Here to Read the rest of this document