- (1.) Heard Sri T.A. Khan, learned counsel for appellant and Sri Shesh Kumar learned counsel for respondent.
(2.) The present First Appeal under Section 19 of Family Courts Act, 1984 (hereinafter referred to as "Act 1984") is arising from the judgement and order dated 2.11.2002 passed by Principal Judge, Family Court Moradabad in Civil Misc. Case No.206 of 1999 under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act 1986 (hereinafter referred to as "Act of 1986), which reads as under :- "3. Mahr or other properties of Muslim woman to be given to her at the time of divorce. - (1) Notwithstanding anything contained in any other law for the time being in force,a divorced woman shall be entitled to- (a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband; (b) where she herself maintains the children born to before or after he divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective date of birth of such children; (c) an amount equal to the sum of mahr or dower agreed to be paid to her at the time or her marriage or at any time thereafter according to Muslim Law; and (d) all the properties given to her before or at the time or marriage or after the marriage by her relatives or friends or the husband or any relatives of the husband or his friends. (2) Where a reasonable and fair provision and maintenance or the amount of mahr or dower due had not been made or paid or the properties referred to in clause (d) of sub-section(1) have not been delivered to a divorced woman on her divorce, she or any one duly authorised by her may, on her behalf, make an application to a Magistrate for an order for payment of such provision and maintenance, mahr or dower or the delivery of properties, as the case may be. (3) Where an application has been made under sub- section (2) by a divorced woman,the Magistrate may, if he is satisfied that- (a) her husband having sufficient means, has failed or neglected to make or pay her within the iddat period a reasonable and fair provisions and maintenance for her and the children; or (b) the amount equal to the sum of mahr or dower has not been paid or that the properties referred to in clause (d) of sub-section (1) have not been paid or that the properties referred to in clause (d) of sub-section (1) have not been delivered to her, make an order, within one month of the date of the filing of the application,directing her former husband to pay such reasonable and fair provision and maintenance to the divorced woman as he may determine as fit and proper having regard to the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of her former husband or, as the case may be, for the payment of such mahr or dower or the delivery of such properties referred to in clause (d) of sub-section (1) to the divorced woman: Provided that if the Magistrate finds it impracticable to dispose of the application within the said period, he may, for reasons to be recorded by him, dispose of the application after the said period."
(3.) From a perusal of Section 3 of Act of 1986, it is clear that the application thereunder can be filed before the Magistrate under the Code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C.1973);