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1997 Supreme(MP) 554

N.K.JAIN
ABDUL HAQ – Appellant
Versus
YASMIN TALAT – Respondent


Advocates Appeared:
IQBAL AHMED, Suresh Garg

N. K. JAIN, J.

( 1 ) THIS revision is directed against the order dated 23-71993 passed by J. M. F. C. in Misc. Cr. Case No. 8/93.

( 2 ) APPLICANT is the former husband of the respondent the latter having been divorced by the former. Both the parties are Mohammedans.

( 3 ) THE order impugned is passed under section 3 of the Muslim Woman (Protection of Rights on Divorce) Act, 1986 (for short the Ace) directing applicant to pay to his former wife the following amounts: (a) Rs. 2 1,000/- towards Mehr; (b) Rs. 2,000/- as price of the articles and things; (c) Rs. 2. 000/- for maintenance during the period of Iddat; and (d) Rs. 11. 000/- towards a reasonable and fair provision to be made during the period of Iddat.

( 4 ) ALTHOUGH in the revision memo the entire order is assailed however, at the hearing, the challenge was restricted only to the amount of Rs. 11,000/- directed to be paid as reasonable and fair provision in terms of section 3 (1) (a) of the Act.

( 5 ) I have heard Shri Iqbal Ahmad. learned counsel for applicant and Shri Suresh Garg learned counsel for respondent. The question requiring determination is whether under section 3 (1) (a) of the Act an additional amount over and





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