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2024 Supreme(Online)(KER) 35329

HIGH COURT OF KERALA
P. G. Ajithkumar, J
RUBEENA T – Appellant
Versus
SHAREEF M – Respondent


Advocates:
SRI.T.K.VIPINDAS, SRI.K.M.MUHAMMED HUSSAIN, SRI.K.V.SREE VINAYAKAN, SRI.T.MADHU, SRI.C.N.PRABHAKARAN- SR.P.P.

ORDER

This is a petition for revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 challenging the order dated 18.07.2014 of the Judicial Magistrate of the First Class-I, Hosdurg under Section 125 (3) of the Code.

2. The petitioner has filed C.M.P . No.8578 of 2012 in M.C. No.279 of 2011 under Section 125 (3) of the Code for enforcement of the order allowing her recovery of maintenance for the period of iddat, future provision and maintenance and gold ornaments ordered under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 .

3.The learned Magistrate as per the impugned order directed to detain the 1st respondent in jail for a period of one month. The said order is under challenge.

4.Heard the learned counsel for the petitioner, the learned counsel for the 1st respondent and the learned Public Prosecutor.

5.M.C. No.279 of 2011 was allowed enabling the petitioner to realize Rs.30,000/- towards maintenance during the period of iddat, Rs.15,00,000/- towards fair provision and future maintenance and to get back 50 sovereign of gold ornaments and Rs.1,000/- towards the cost of this petition from the 1st respondent. The learn

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