Kerala High Court
Sainudheen vs State Of Kerala on 3 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.2873 of 2018
1
2024:KER:73898
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 2873 OF 2018
AGAINST THE ORDER/JUDGMENT DATED IN CRRP NO.33 OF
2013 OF ADDITIONAL DISTRICT COURT, MANJERI / I
ADDITIONAL MACT, MANJERI ARISING OUT OF THE
ORDER/JUDGMENT DATED IN MC NO.127 OF 2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONER/REVISION PETITIONER:
SAINUDHEEN
S/O. MOHAMMED, PERUMPALLY HOUSE, PAPPALI,
ANDATHODE POST, MALAPPURAM DISTRICT.
BY ADV SRI.M.R.SARIN
RESPONDENT/RESPONDNET/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 SHAKKEELA
D/O. ADIMAKUTTY, PADATHAYIL HOUSE, AYEDEHRA,
VELIYAMKODE POST, MALAPPURAM.
Crl.M.C. No.2873 of 2018
2
2024:KER:73898
BY ADVS.:
SRI.RENJITH.T.R, SR.PP
SRI.ASHWIN SATHYANATH - R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.2873 of 2018
3
2024:KER:73898
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.2873 of 2018
----------------------------------------------
Dated this the 03rd day of October, 2024
ORDER
This Criminal Miscellaneous Case is filed
challenging Annexures A2 and A3 orders. Annexure-A2
is an order passed by the Judicial First Class Magistrate
Court, Ponnani in a petition filed by the 2 nd respondent
under Section 3 of the Muslim Women (Protection of
Rights on Divorce) Act, 1986 (for short "The Act 1986").
2. The learned Magistrate allowed the petition in
part as follows:
"a) The respondent is directed to pay the petitioner
Rs.15,000/- (Fifteen Thousand) towards iddat period
maintenance.
b) Respondent is directed to pay Rs.2,40,000/-
2024:KER:73898
(Two lakhs forty thousand only) towards fair and
reasonable provision for maintenance.
c) Respondent is also directed to return the
nineteen sovereigns of gold ornaments or its value on
the date of returning the same."
3. The petitioner challenged the above order by
filing Crl. Revision Petition No.33/2013. The Additional
District and Sessions Judge-I, Manjeri allowed the
revision in part as evident by Annexure-A3 and the
iddat period maintenance is corrected as Rs.9,000/-
instead of Rs.15,000/-. Aggrieved by these orders, this
Crl.MC is filed.
4. The jurisdiction of this Court to interfere with
the impugned orders invoking the powers under Section
482 of CR.P.C. is very limited. Within the limit of the
above jurisdiction, this Court perused the impugned
orders. The fair and reasonable provision is assessed
by the trial court taking maintenance at the rate of
2024:KER:73898
2,000/- per month for 10 years. But, the maintenance
during the iddat period is fixed as Rs.3,000/-. I am of
the considered opinion that the same amount is to be
allowed to the iddat period also. Therefore, the iddat
period amount is to be fixed as Rs.2,000/- for three
months which is equal to Rs.6,000/-. As far as the
fixation of the amount of fair and reasonable provision,
I am of the considered opinion that, there is nothing
wrong in it to interfere invoking the powers under
Section 482 of Cr.P.C. The trial court and the revisional
court considered the matter in detail and thereafter
fixed the fair and reasonable provision. I see no reason
to interfere with the same.
Therefore, this Criminal Miscellaneous Case is
allowed in part with the following manner:
1. The maintenance during the iddat period is
fixed as Rs.2,000/- per month and the 2nd
2024:KER:73898
respondent is entitled Rs.6,000/- (2,000X3)
as maintenance during the iddat period
instead of Rs.9,000/- ordered in Annexure-
A3.
2. The reasonable and fair provision and the
return of gold ordered by the trial court
which is confirmed by the revisional court is
sustained.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
2024:KER:73898
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE MC NO. 127/12 OF
JFCM COURT PONNANI.
ANNEXURE A2 THE TRUE COPY OF THE ORDER IN MC NO.
127/12 OF JFCM COURT PONNANI.
ANNEXURE A3 THE TRUE COPY OF THE ORDER IN CRL
REVISION PETITION NO.33/13 OF THE
ADDITIONAL DISTRICT & SESSION JUDGE -
1 -MANJERI.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
