Two interesting questions have primarily arisen for consideration in this petition under Section 482 of the Code of Criminal Procedure filed by a former husband who has suffered an order under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short 'the Act').

(i) Is consummation of marriage sine-qua-non for entitlement of reasonable and fair provision and maintenance to a divorced Muslim woman?

(ii) Is the court debarred from entertaining an application under Section 3 of the Act before expiry of the iddat period?

2. The above questions have cropped up in the following facts and circumstances:

3. The respondent herein who is the divorced wife of the petitioner, initiated proceedings under Section 3 of the Act alleging inter-alia that she had been denied the dues payable under the Act after her divorce. She also claimed that the petitioner had not returned her gold ornaments and cash given to her by her parents and relatives at the time of marriage. It was also averred in the petition that her former husband had wilfully refused to pay her 'Mahr' which was promised at the time of marriage. A total sum of Rs.2,42,786/- was claimed by the responde