R.BASANT
C. K. Aboobacker – Appellant
Versus
Rahiyanath – Respondent
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 whe
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