Revision against maintenance order under Muslim Women Act. Court disposed of petition as disputes settled and lump sum paid, directing refund of deposited stay money.
Revised petition disposed as withdrawn; direction to refund Rs.15,000 deposit to revision petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 5TH DAY OF OCTOBER 2023 / 13TH ASWINA, 1945
CRL.REV.PET NO. 64 OF 2011
AGAINST THE ORDER/JUDGMENT CRRP 12/2009 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
MC 4/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS , MANNARKAD REVISION PETITIONER/S:
KUNJAHAMMED @ KUNJAYMU S/O. SULAIMAN, KOZHISSERI VEEDU, VADASSERIPURAM,, KODAKKAD.P.O., ARIYUR, MANNARKKAD, PALAKKAD.
BY ADVS. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P
RESPONDENT/S:
1 RAIYNATH, D/O.SAIDALAVI, PALAYAKODAN VEEDU, KALLAMKUZHI, POTTASSERY.P.O.,, MANNARKKAD, PALAKKAD-678598.
2 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.
BY ADVS. SRI.K.ABDUL JAWAD SRI.U.MUHAMMED MUSTHAFA
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 64 OF 2011
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ORDER
The revision petition is filed challenging the order passed by the Court of the Session, Palakkad Division (lower Revisional Court) in Crl.R.P.No.12/2009 under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (in short, “Act”). The revision petitioner was the respondent and the 1st respondent was the revision petitioner before the lower Revisional Court.
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CRL.REV.PET NO. 64 OF 2011
petition and directed the revision petitioner to pay the amount of Rs.33,000/- to the 1st respondent towards reasonable and fair provision for maintenance under Section 3(1) of the Act. It is assailing the said order, the present revision petition is filed.
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CRL.REV.PET NO. 64 OF 2011
her claims. Therefore, nothing further survives in the revision petition, which may be dismissed as withdrawn. However, the Trial Court may be directed to release Rs.15,000/- to the revision petitioner, which was deposited by him.
Resultantly, the revision petition is disposed of, after recording the submission made by learned counsel on both sides. The Court of the Judicial First Class Magistrate, Mannarkkad is directed to refund the amount of Rs.15,000/-, to the revision petitioner, if deposited by him and not released to the 1st respondent, in accordance with law.
Sd/- C.S.DIAS JUDGE
rkc/05.10.23
Kunjahammed @ Kunjaymu
Raiynath
State of Kerala
C.S. Dias
As recorded by the court registry
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