What is the impact (limited impact as explained by the Division Bench in Abdul Hameed v. Fousiya (2004 (3) KLT 1049) of a post Iddat remarriage on the claim of a divorced wife for fair and reasonable provision and maintenance under Sec.3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short ‘the Act)? Should a post Iddat remarriage during the pendency of the claim under Sec.3 of the Act influence the Magistrate while quantifying the amount due? Should remarriage pending revision or post revision persuade the superior courts to make appropriate modification of the amount quantified earlier by the Magistrate? Are the rights of a divorced Muslim woman under Sec.3 of the Act larger and supplemental to the rights under Sec.125 of the Cr.P.C.? Cannot the amount due under Sec.3 of the Act in a case of remarriage exceed the arithmetical equivalent of maintenance which would have been payable under Sec.125 Cr.P.C. between the date of divorce and the date of remarriage? What principles must be followed by the courts while quantifying the fair and reasonable provision and maintenance to be made and paid during the period of Iddat under Sec.3(1)(a) of the Act when there is a post Iddat remarriage pending proceeding? These thoughts come up for consideration in this case on the basis of the arguments advanced.

2. To thevitally, relevant and crucial facts first. The parties shall be referred to as the claimant/wife and the respondent/husband for the sake of easy reference. The marriage took place when the claimant was in her teens on 3/5/85. She was only 19 years old then. She was a student. The couple lived happily for about 16 years. She continued her education. She was taken to the place of employment of the husband abroad. They returned. The only snag was that no child was born in the matrimony. The wife secured employment. They pooled their income and lived happily. Properties were purchased during matrimony in the name of the husband. A house was built in the property of the husband. Withdrawals were made during the currency of matrimony from the Provident Fund account of the wife. Both of them did the Haj Pilgrimage together. It would appear that both of them were treated for infertility. The wife had conceived once; but the pregnancy did not advance and it was a case of tubular pregnancy. Later, she did not conceive.

3. After about 16 years of such harmonious matrimony, the husband admittedly made a suggestion to the wife that he may be permitted to remarry. She reckoned this as a betrayal of the investment made by her in matrimony in terms of emotions, sentiments, trust, faith and property. Nay she had invested her whole life in the cause of the matrimony. She did not agree to such remarriage. The divorce was effected ultimately on 03/4/01 by unilateral pronouncement of Talak on the sole ground that the claimant/wife did not agree for the second marriage. The husband immediately thereafter on 21/4/01 married another school teacher. The claimant/wife herself is a High School teacher.

4. No payments were made under the Act; nor was any maintenance paid after divorce. The claimant/wife hence went before the learned Magistrate with a claim under Sec.3 of the Act on 14/5/01. The learned Magistrate disposed of the claim on 31/7/03 directing the husband to pay an amount of Rs.2,70,000/- as fair and reasonable provision and maintenance and a further amount of Rs.50,000/- as the amount which the husband is liable to return to the wife.

5. A revision was laid before the Sessions Court and the Sessions Court, by the impugned order dated 30/3/04, set aside the direction to pay the amount of Rs.50,000/-as amount advanced; but confirmed the direction to pay an amount of Rs.2,70,000/-as fair and reasonable provision and maintenance under Sec.3(1)(a) of the Act.

.6. The husband has come up with this application under Sec.482 of the Cr.P.C. to invoke the

.extraordinary inherent jurisdiction vested in this Court. He adv