- (1.) Heard learned counsel for the petitioner and learned A.P.P. for the State.
(2.) The petitioner has challenged the order dated 27.2.2002 passed by Sri Sidharth Mandal, Judicial Magistrate, 1 st Class, Dhanbad in Misc. Case No. 261 of 1991 |Tr. No. 1079 of 2002, whereby in a proceeding under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the petitioner was directed to refund the cost of articles given to him at the time of marriage amounting to Rs. 85,000/- to his divorced wife, namely, Rahana Khatoon, within a period of one month.
(3.) From perusal of the impugned order, it appears that in course of proceeding in the Court below, opposite party No. 2 had examined witnesses in support of her case to show that the articles were given to the petitioner at the time of marriage. The witnesses examined on behalf of opposite party No. 2 also proved that the articles were not returned back. It appears from the impugned order that no evidence whatsoever was adduced by the petitioner in the Court below, though, it was the case of the petitioner that he had returned back all the articles.;