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1999 Supreme(HP) 123

R.L.KHURANA
BALKISH – Appellant
Versus
TALIB HUSSAIN – Respondent


Advocates Appeared:
Mr. Kuldip Singh, Advocate, for the Petitioner; Mr. S. Dixit, Advocate, for the Respondent.

JUDGMENT

R.L. Khurana, J.—The sole question falling for determination in the present revision petition is: "Whether the claim of maintenance under Section 3 of the Muslim Women (Protection of Rights and Divorce) Act, 1986 (for short: the Act) by a divorced Muslim wife is restricted only to the period of Iddat.”

2. The brief facts of the case giving rise to the present petition may be thus stated. The parties were married to each other according to muslim rites at Nahan in the year 1990. As per "Nikahnama", the respondent-husband had agreed to pay to the petitioner wife "Mahr" of 32-1/4 tolas of silver or the value thereof. The respondent divorced the petitioner on 31.1.1992. No child was born to the parties from this wedlock.

3. The petitioner on 23.1.1993, approached the Chief Judicial Magistrate, Nahan, with a petition under Section 3 of the Act, inter alia, claiming the following reliefs:— (i) Rs. 2,257.50 paise being the value of 32-1/4 tolas of silver as "Mahr" agreed to be paid as per the "Nikahanama"; (ii) Rs. 1,000/- as maintenance for the period of "Iddat"; (iii) Rs. 15,000/- as the reasonable and fair provision for maintenance ; and (iv) return of dowry articles as detailed




































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