K. Hema, J.

Is a divorced Muslim woman entitled to have from her former husband, a house for her residence, under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 ('the Act' for short) ? If so, can the court direct a former husband to provide a house to his divorced wife, under Section 3 of the Act ? These are the main questions which arise for consideration in these cases.

2. Petitioner and respondent are muslims. They were husband and wife respectively. After their divorce, petitioner did not make any provision or maintenance to respondent. She continued to live in the same house, where the parties lived after their marriage and which was constructed with her own funds. Respondent was aged 44 years and she is having 4 children and she has no prospects of a re-marriage.

3. According to respondent, petitioner is working in a Government company as a driver from 1975 onwards and he is getting an amount of more than Rs. 50,000/- as salary. He got lot of properties and amounts in the bank. He owns buildings which are rented out. She filed a petition before the Magistrate court, claiming a total amount of Rs. 6,07,500/- under various counts, under Section 3