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2013 Supreme(Ker) 63

K.RAMAKRISHNAN
Hussain Punathil – Appellant
Versus
Fathima – Respondent


Advocates Appeared:
For the Petitioner:P.K. Ramkumar, Mrs. Anitha Menon, Advocates.
For the Respondents:R1, Thomas Antony, Advocate, R2, Liju V. Stephen, Public Prosecutor.

Judgment :

1. This is a petition filed under Section 482 of the Code of Criminal Procedure by the defeated respondent in Criminal RP Nos.44/06 on the file of the First Additional Sessions Judge, Kozhikode.

2. The petition was filed by the divorced wife of the petitioner herein before the Magistrate’s Court under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the Act). Claiming an amount of Rs.30,000/- as maintenance during Iddat period, Rs.10 lakhs as fair and reasonable provision for future maintenance and also claiming the value of mahar. It is alleged in the petition that the marriage between the petitioner herein and the respondent was solemnized as per the customary rites on 15.05.1983 and they were living together as husband and wife and three children were born to them in the relationship. Thereafter, the petitioner herein divorced her by pronouncing talaq by giving Ext.P1 letter dated 9.3.2005. Thereafter, no maintenance during Iddat period or fair and reasonable provision or value of mahar, had been paid as provided under the Act. So, she filed a petition under the provisions of the Act, claiming the reliefs mentioned a





































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