T.L.VISWANATHA IYER
Syed Fazal Pookoya Thangal – Appellant
Versus
Union of India – Respondent
For the first time in the history of this State the jurisdiction under Section 4(2) of the Muslim Women (Protection of Rights on Divorce) Act 25 of 1986 (the Act) was invoked when the Judicial Magistrate of the First Class, Perinthalmanna passed order on September 30, 1992, directing the Kerala Wakf Board to make payment of maintenance to one Jameela, daughter of Chenangara Avaran, at the rate of Rs. 250/- per month. A copy of this order is Ext.P1 and it was passed in Maintenance Case No. 2 of 1990 on the file of the said Magistrate. Jameela is a divorced Muslim wife, who moved the court for relief under Section 3 of the Act and was granted a sum of Rs. 15,400/- by the order in M.C. No. 59 of 1986. She could however realise only an amount of Rs. 6,000/- out of the amount so granted, by attachment and sale of the property of her ex-husband the respondent in that case. The ex-husband was sent to jail for non-payment of the balance amount. Jameela had no property, or source of income, to maintain herself and her three children. Her near relatives (and legal heirs) were her parents, but they were unable to maintain her because of their impecuniosity. Therefore, Jameel
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