LAWS(KAR)-2006-10-26

AMEEN SAB Vs. SHANSHAD

Decided On October 09, 2006
AMEENSAB Appellant
V/S
SHANSHAD Respondents

JUDGEMENT

(1.) THIS revision is against the order passed by the Fast Track Judge, Bagalkot in Crl. R. P. 1/2004 filed by the respondent. The respondent had filed an application before the JMFC, Biligi in Cr. Misc. 54/2001 seeking to award compensation of Rs,2 lakhs towards her maintenance, marriage and other expenses and for return of the house hold articles as per Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 ('act' for short ).

(2.) ACCORDING to the respondent, she married the petitioner as per mohammedan customs and during marriage, the parents of the respondent had given Rs. 15,000/- as dowry, one watch and cloths worth Rs. 1,500/-, two tholas of gold and house hold articles worth Rs. 50. 000/ -. After marriage, she led marital life: for about six months and thereafter, as there was some misunderstanding, she was driven out of the house as such, she filed a maintenance petition before the Family Court, Bijapur and the same was dismissed on the ground that she was divorced by the petitioner. Later she filed application under Section 3 (1) (2) of the Act before the Magistrate, Bilgi in Cr. Misc. 54/01 seeking for award of compensation as noted above. Learned Magistrate dismissed the application on the ground that there is no cogent evidence produced. Against the said order, revision was preferred before the Fast Track Judge who allowed the petition in part and ordered to pay Rs. 41,500/- towards maintenance, marriage expenses and also towards cost of utensils provided during marriage. Aggrieved by the same, the husband of the respondent i. e. , the petitioner is before thiis Court.

(3.) HEARD the Counsel for the petitioner. Although respondent has been served with notice, she remained absent.