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Allahabad High Court · body

1989 DIGILAW 651 (ALL)

Sarjahan v. Maqbool

1989-08-12

BHAGWAN DIN

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JUDGMENT Bhagwan Din, J. - This is a criminal revision against the judgment and order dated 21.11.1997 passed by I Addl. Sessions Judge, Siddharth Nagar, in criminal revision no. 144 of 1996 allowing the revision and modifying the order of the lower court, dated 2.11.1996, passed in a case under Section 3 (1) Muslim Women (Protection of Rights on Divorce) Act, 1986. 2. Sri Syed Wajid Ali, learned counsel appearing for the revisionist, does not assail the order of the revisional court in toto. He assailed the order only on the quantum of maintenance allowance for the Iddat period of three lunar months. He contends that the trial court after assessing the evidence led by the applicant/revisionist determined the maintenance allowance in the sum of Rs. 3,500/- for the Iddat period. The learned Addl. Sessions Judge, without assigning or recording the reason, has reduced this amount to an amount of Rs. 900/- which is not just and proper. 3. On the other hand, Sri P. Yadav, the learned counsel appearing for the opposite party, urged that the applicant failed to prove that the opposite party has sufficient means to pay maintenance allowance, for the Iddat periq to the tune of Rs. 3,500/- therefore, the revisional court has fixed a reasonable amount of Rs. 900/-. 4. On the conclusion of the argument the counsel of both the parties has agreed that this court may fix a reasonable amount of maintenance of Iddat period and the parties will bow down to the decision of the court and accept the same. 5. Considering the rise in price index and the change in the social structure affecting the standard of living, I feel that an amount of Rs. 900/- as maintenance for the period of three lunar months is not sufficient. Therefore, I am of the view, that the order of the revisional court should be modified. 6. The revision is partly allowed. The order passed by the revisional court is modified that the opposite party Maqbool shall now pay Rs. 2,000/- as maintenance allowance for Iddat period to the applicant/revisionist, Sarjahan, instead of Rs. 3,500/- awarded by the trial court. That part of the order of the revisional court awarding Rs. 900/- is quashed. Rest part of the order of the revisional court is upheld. 2,000/- as maintenance allowance for Iddat period to the applicant/revisionist, Sarjahan, instead of Rs. 3,500/- awarded by the trial court. That part of the order of the revisional court awarding Rs. 900/- is quashed. Rest part of the order of the revisional court is upheld. If the maintenance allowance is not paid by the opposite party within one month from today, the applicant/revisionist shall be at liberty to realise the same through Court.