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2003 Supreme(Ker) 587

R.BASANT
C. V. Askya – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Does the Criminal Court exercising jurisdiction under the provisions of the Muslim Women (Protection of Rights on Divorce) Art, 1986 (for short ‘the Act’) have the power to direct interim conditional attachment of properties belonging to the respondent/divorced husband when there is apprehension that he may dispose off his properties to frustrate the attempts of his divorced wife to claim and recover amounts from him under Sec.3 of the Act? This is the crucial question that arises for consideration in this case.

2. According to the petitioner, there was valid marriage between her and the respondent. That marriage was dissolved under the provisions of the Dissolution of the Muslim Marriage Act by order dated 31/5/2002 passed by the Family Court, Kozhikode. A copy of that order is produced as Annexure-I. The petitioner complains that, amounts due under the provisions of the Act have not been paid to her. This obliged her to approach the learned Judicial Magistrate of First Class Kozhikode-V. She filed M.C.No.2/2003. A copy of that petition is produced as Annexure-II. Attempts to get the notice served on the respondent did not succeed. In these circumstances, the petitioner



























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