Should a divorced Muslim woman be unable to maintain herself to entitle her to amounts under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act? Is she entitled for any amount under Section 3(1)(b) on the ground that she herself had maintained children who are aged more than 2 years on the date of divorce? These interesting questions arise for consideration in this revision petition directed against an order passed under Section 3 of the Muslim Woman (protection of Rights on Divorce) Act (hereinafter referred to as the Act’). The order directs the petitioner herein/divorced husband to pay a total amount of Rs.2,73,000/- to the claimant, his divorced wife.

2. Marriage and divorce are admitted. Liability to pay maintenance during the period of Iddat is not disputed. Liability to make fair and reasonable provision and maintenance is also not disputed. There was a claim for deferred mahar payable at the time of divorce. There is dispute regarding the quantum of deferred mahar and also as to whether is any deferred mahar. Amounts were claimed under Section 3(1)(b) of the Act. The children were aged 12 years, 12 years and 10 years at the time of divorce. It was claimed that under Section 3(1)(b) the mother of the children is entitled to maintenance for two years from the date of birth of the children – the petitioner having allegedly not paid any maintenance to them during such period. An amount of Rs.72,000/- (Rs.1000 p.m. x 3 children x 24 months) was claimed.

3. The claimant wife examined herself as PW1 and her uncle as PW2. Exts.P1 and P2 were marked. The petitioner herein examined himself as CPW2. The Secretary of the Mosque was examined as CPW1 to prove the marriage register.

4. The learned Magistrate came to the conclusion that the claimant wife is entitled for the following amounts.

1. Maintenance during the period of iddat for three months - Rs.5,000/- (total)

2. Fair and reasonable provision and maintenance - Rs.1,80,000/- (Rs.3000

x12x5 years)

3. Deferred mahar payable at the time of divorce -Rs.16,000/- (Rs.4000 x 4

sovereigns)

4. Amounts payable as main to the children under

Sec.3(1)(b) of the Act - Rs.72,000/- (Rs.1000 x 3 x 2 x 12

months)

5. There is no serious dispute about the quantum of amount payable towards maintenance during the period of iddat. The direction to that effect under Section 3(1) is not challenged. Coming to the amount of Rs.1,80,000/- ordered as fair and reasonable provision and maintenance it is contended that the monthly quantum reckoned as Rs.3,000/- is totally incorrect, unreasonable, irrational and perverse. The revisional jurisdiction deserves to be invoked to interfere with the direction, it is urged.

6. So far as the claim for deferred mahar is concerned, the claimant wife had contended that 10 sovereigns of gold was the mahar agreed upon. The entire mahar had not been paid and was deferred, she contended. The husband/petitioner herein contended that only 3 sovereigns was the mahar agreed upon and the same had been paid at the time of marriage itself and there was no deferred mahar whatsoever.

7. Regarding the amounts claimed under Section 3(1)(b), the petitioner herein contended that all the children having attained 10 years (more than 2 years) and more at the time of divorce, no amount whatsoever is payable under Section 3(1)(b).

8. Before proceeding to consider the challenge raised, I must alertly remind myself of the nature, quality and contours of the jurisdiction of this Court sitting as a court of Revision exercising the correctional and supervisory jurisdiction. No Court of revision shall or can invoke its supervisory and correctional jurisdiction unless the finding/order is vitiated by illegality, impropriety, incorrectness and irregularity and such vice in turn leads to miscarriage of justice. The court below was called upon to collect acceptable inputs from the interested testimony tendered by PWs 1 and 2 on the one hand and the petitioner, RW1, on the other