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1989 Supreme(Ker) 490

JAGANNADHA RAJU
Ahammed – Appellant
Versus
Aysha – Respondent


Judgment :-

1. This is a revision filed by the former husband of the petitioner in M.C.No.75 of 1987 on the file of the First Class Judicial Magistrate, Taliparamba. In this revision the husband complain that the order of the Magistrate directing him to pay Rs.12,000/- towards reasonable and fair provision and maintenance during the iddat period and also a sum or Rs.101/- towards mahar is illegal and not maintainable. The petitioner's counsel contends that in these proceedings which emanated on a petition under S.3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (Act 25 of 1986) (hereinafter referred to as "the Act"), it is the bounden duty of the court to go into the question of means of the husband and then pass the orders as contemplated under the various sub-sections of S.3. If the wife is in affluent circumstances when compared to the husband, there is no need to pass an order. In the present case the court passed a composite order without specifying what amounts are payable under different heads mentioned in S.3(1) of the Act. He contends that while the petitioner, the former husband, is only a salesman getting Rs.440/-per month, the wife is in more affluent c














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