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2002 Supreme(Ker) 160

T.M.HASSAN PILLAI
Asharaf – Appellant
Versus
Jennathu Beevi – Respondent


Judgment :-

Calling in question the legality, propriety and regularity of the order passed by the learned Judicial 1st Class Magistrate, Muvattupuzha in M.C.19/1999 filed by the divorced wife of the revision petitioner (erstwhile husband) under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, (for short "the Act") claiming Rs.4 lakhs towards reasonable and fair provision, to be made Rs.9,000/towards maintenance to be paid to her during the period of Iddat and Rs.40,000/- given to the former husband by her father at the time of marriage (under various heads the total amount claimed by the divorced wife from her former husband is Rs.4,49,000/-) this revision has been filed.

2. Learned Magistrate, on an evaluation of the evidence led by the parties in support of their rival cases (erstwhile husband refuted all the allegations made against him by the divorced wife in the petition and contended that he is not liable to pay any amount as claimed by the divorced wife in her application on the ground that she has obtained divorce under the Dissolution of Muslim Marriage Act, 1939), awarded Rs.60,000/- to the divorced wife as reasonable and fair provision for furthe



























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