SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2014 Supreme(Ker) 149

P.D.RAJAN
E. M. Moideen – Appellant
Versus
Nusaiba – Respondent


Advocates appeared:
For the Petitioner:M.P. Mohammed Aslam, Advocate.
For the Respondents:R1, K.M. Firoz, M. Shajna, Advocates, R. Githesh, Public Prosecutor.

Judgment :

1. This is a petition filed u/s.482 of the Code of Criminal Procedure 1973 (hereinafter called as "Code" for short) to quash Annexures-A3 and A4 orders in M.C.16/08 of Judicial 1st Class Magistrate Court, Kunnamangalam by invoking inherent jurisdiction. The above M.C. 16/08 was filed by the wife in the Judicial First Class Magistrate Court, Kunnamangalam U/s.3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the 'Act' for short), seeking fair provision for maintenance from her former husband. The learned Magistrate ordered payment of Rs.6000/- (Rupees six thousand only) and Rs.2,40,000/- (Rupees two lakh fourty thousand only) as the amount payable under Section 3(1)(a) of the Act as reasonable and fair provision and maintenance. Being aggrieved by that order, the husband preferred Crl.R.P.No.71/20008 before the Sessions Court, Kozhikode, which was also dismissed. In the circumstances, the petitioner approached this Court with the above petition alleging that the above order is illegal, unjust and contrary to settled principles regarding the assessment of fair provision and maintenance U/s.3 of the Act and therefore, it is to be











































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top