C V ASKYA Vs. STATE OF KERALA
HIGH COURT OF KERALA
STATE OF KERALA
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(1.) Does the Criminal Court exercising jurisdiction under the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short 'the Act') have the powers to direct interim conditional attachment of properties belonging to the respondent/divorced husband when there is apprehension that he may dispose off his properties to frustrate the attempts of his divorced wife to claim and recover amount from him under S.3 of the act This is the crucial question that arises for consideration in this case.
(2.) According to the petitioner, there was a valid marriage between her and the respondent. That marriage was dissolved under the provisions of the Dissolution of the Muslim Marriage Act by order dated 31/05/2002 passed by the Family Court, Kozhikode. A copy of that order is produced as Annexure-I. The petitioner complaints that, amounts due under the provisions of the Act have not been paid to her. This obliged her to approach the learned Judicial Magistrate of First Class, Kozhikode-V. She filed M.C. no.2/2003. A copy of that petition is produced as Annexure-II. Attempts to get the notice served on the respondent did not succeed. In these circumstances, the petitioner filed C.M.P. No.463/2003 in M.C. No.2/03. The petition was supported by an affidavit. In the affidavit it was averred that the petitioner has come to know from specified persons that the respondent was attempting to dispose off specific immovable property belonging to him in an attempt to defeat the petitioner and to frustrate her rights to recover the amounts due under the Act. In these circumstances, she prayed that there may be an interim conditional attachment of immovable property scheduled in the petition belonging to the respondent. The respondent could not be served even when this petition for interim conditional attachment came up for hearing.
(3.) The learned Magistrate passed the impugned order dated 3/3/2003, a copy of which is produced as Annexure-IV dismissing the petition with a one line order which reads as follows:
"Since there is no enabling provision, this petition is dismissed.";
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