The court affirmed that under the Muslim Women Protection Act, a divorced woman is entitled to fair provision and maintenance, extending beyond the iddat period.

ORDER :

1. This criminal revision petition has been filed challenging the order passed by the Sessions Court, Kozhikode (for short, 'the Sessions Court') in Crl. R.P. No. 97 of 2001, dated 15 May 2004.

2. The petitioner herein was the legally wedded husband of the 1^st respondent. The parties are Muslims and governed by Muslim Personal Law. Their marriage was solemnized on 14.06.1999. Admittedly, the petitioner divorced the 1^st respondent by pronouncing Talaq. The 1^st respondent filed a petition before the Judicial First-Class Magistrate Court-V, Kozhikode (for short, 'the trial court') under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short, 'Muslim Women Protection Act') as M.C. No. 12 of 2000 claiming Rs. 2,00,000/- towards reasonable and fair provision for the future maintenance, Rs.9,000/- towards maintenance during the iddat period and for the return of 20 sovereigns of gold ornaments and Rs.50,000/- allegedly misappropriated by the petitioner. The trial court, after trial, allowed the petition in part and directed the petitioner to pay a sum of Rs. 75,000/- as the fair provision for future maintenance and Rs. 4,500/- towards the maintenance during the iddat period. The claim for the return of gold ornaments and Rs. 50,000/- allegedly misappropriated by the petitioner was disallowed. Dissatisfied with the order passed by the trial court, the 1^st respondent preferred revision before the Sessions Court as Crl. R.P. No.97 of 2001. The Sessions Court as per the order dated 15.05.2004 allowed the revision in part, enhancing the fair provision for the future maintenance to Rs.90,000/- and directed the petitioner to pay to the 1^st respondent a further sum of Rs.90,000/- being the value of the gold ornaments and Rs.50,000/- misappropriated by him. Aggrieved by the said order, the petitioner/husband preferred this revision petition.

3. Since the revision petitioner is not represented by a lawyer, Advocate M.Vishnupriya was appointed as Amicus Curiae to assist the court. I place on record my appreciation for the valuable assistance rendered by the Amicus Curiae.

4. I have heard Smt.M.Vishnupriya, the learned Amicus Curiae and Sri. Sunny Mathew, the learned counsel for the 1^st respondent.

5. The Muslim Women Protection Act is a piece of legislation which deals with the civil rights of Muslim women that they can claim from their husbands at the time of divorce. The enactment is stated to be an aftermath legislation of the decision rendered by the Supreme Court in Mohd. Ahmed Khan v. Shah Bano Begum and Others ( AIR 1985 SC 945 ). It aims to provide a legal framework for the protection of the rights of divorced Muslim women and ensure that they receive fair and reasonable provision and maintenance, and other entitlements on their divorce.

6. The important Section in the Act is Section 3 which provides that divorced women is entitled to obtain from her former husband “maintenance”, “provision” and “mehr” and recover from his possession her wedding presents. Section 3(1) of the Act provides that a divorced woman shall be entitled to have from her husband, a reasonable and fair provision and maintenance which is to be made and paid to her within the iddat period. The wording of Section 3 of the Act appears to indicate that the husband has two separate and distinct obligations: (i) to make a 'reasonable and fair provision' for his divorced wife; and (ii) to provide 'maintenance' for her. Under Section 3(2), the Muslim divorcee can apply to a Magistrate if the former husband has not paid to her a reasonable and fair provision and maintenance or mehr due to her or has not delivered the properties given to her before or at the time of marriage by her relatives, or friends, or the husband or any of his relatives or friends. Section 3(3) provides for procedure wherein the Magistrate can pass an order directing the former husband to pay such reasonable and fair provision and maintenance to the divorced woman as he