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2004 Supreme(Ker) 527

M.RAMACHANDRAN, M.SASIDHARAN NAMBIAR
Abdul Hameed – Appellant
Versus
Fousiya – Respondent


Judgment :-

Ramachandran, J.

The order passed by the Judicial First Class Magistrate, Kasaragod dated 21-3-2003 in M.C.No.39 of 2001 is challenged by the respondent former husband. The petitioner was the divorced wife. She had filed an application under Section 3(1) (a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 [Act 25 of 1986] (hereinafter referred as the Act). The Court held that the wife was to get maintenance at the rate of Rs.1,500 for the three months duration of iddat observed by her and Rs.90,000 being a reasonable and fair provision for her. Claim for mahr, as coming under Section 3(1)(c) was upheld and the respondent was also to give back properties, which had been received at the time of marriage, in view of the claims that had been put under Section 3(1)(d) of the Act.

2. The application for maintenance had been filed on 13-6-2001. By the above time, she had got remarried, and though the exact date is not made available, it was on a date before 17-6-2000. According to the former husband, this circumstance was highly relevant in the adjudication process, and reliance had been placed on the decision of this Court in Rasiya v. State of Kerala 2002 (2) K













































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