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2011 Supreme(Ker) 879

N.K.BALAKRISHNAN
Chand Muhammed – Appellant
Versus
Zeenath – Respondent


Advocates Appeared:
For the Petitioner:K. Abdul Jawad, Advocate.
For the Respondent: Rajesh Vijayan, Public Prosecutor.

Judgment :

Petitioner challenges Annexure B common order passed by the learned Sessions Judge, Palakkad in Crl.R.P.Nos.34 and 46 of 2010. The first respondent herein filed a petition under Sec.3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 (herein after referred to as ‘Act’) before J.F.C.M., Alathur claiming maintenance during iddat period, fair and reasonable provision and also for the value of gold ornaments worth 25 sovereigns and another sum of Rs.60,000/- which was stated to have been paid to the petitioner herein earlier. That petition was resisted by the petitioner herein raising various grounds. The learned Magistrate allowed that petition and ordered that Rs.12,000/- shall be paid as maintenance for the iddat period of three months and Rs.70,000/- be paid as reasonable and fair provision. It was also directed that the said amount will carry interest at the rate of 9% per annum from 15.9.2008 till the date of payment. He was given two months time to pay the said amount. The claim for the value of gold ornaments and for return of Rs.60,000/- was disallowed. The divorced wife filed a revision petition against the rejection of her claim for the value of gold orna













































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