THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.2033 OF 2004 ORDER: 1 This revision is directed against the order dated 07.07.2003 made in Criminal Revision Petition No.13 of 2000 on the file of the court of the III Additional District Judge, Kakinada setting aside the order dated 31.01.2000 made in M.C.No.17 of 1998 on the file of the court of the IV Additional Judicial Magistrate of I Class, Kakinada. 2 Brief facts are that the marriage of the first respondent and the petitioner was performed on 01.04.1983 and after their marriage the first respondent joined the petitioner and during their wedlock three sons were blessed to them. After fourteen years of marriage the petitioner started harassing the first respondent and subsequently the petitioner pronounced Talaq three times on three different dates. It is submitted that though the petitioner pronounced Talaq, he had not provided Mahar amount, iddat amount or zahaz gifts and presentations belonging to the first respondent. Hence the first respondent filed M.C.No.17 of 1998 before the trial court under section 3(2) of Muslim Women (Protection of Rights and Divorce) Act, 1986 against the petitioner to pay Rs.50,000/- towards fair provision, to pay Mahar amount of Rs.525/-, to pay three months Iddat Period amount of Rs.3,000/- and also to return some valuable articles which are in the custody of the petitioner herein. However, the trial court dismissed the said M.C. holding that there is no divorce between the petitioner and the first respondent and hence the first respondent is not entitled to claim the benefit under Act 25 of the Act. Questioning the said order dated 31.01.2000 passed by the trial court, the first respondent preferred Criminal Revision Petition No.13 of 2000 and the learned III Additional District & Sessions Judge by his order dated 07.07.2003 allowed the said revision petition partly and directed the petitioner to pay Rs.40,000/- towards fair provision, Rs.3,000/- towards maintenance during iddat period, Rs.525/- towards Mahar amount and further directed the petitioner to deliver A schedule properties to the first respondent within one month and further directed the petitioner to deliver sarees mentioned in C schedule property, in default, to pay Rs.500/- towards costs of the sarees. As stated supra, questioning the same, the petitioner preferred this revision. 3 Heard. 4 As seen from the evidence available on record, it is clear that the petitioner had pronounced Talaq and hence the first respondent is a divorced wife of the petitioner. When once it is established that the first respondent is a divorced wife of the petitioner, she is certainly entitled to the fair provision, maintenance during iddat period etc. 5 The appellate Court awarded an amount of Rs.40,000/- towards fair provision, Rs.3,000/- towards maintenance during the iddat period and Rs.525/- towards Mehar in favour of the first respondent. However, having regard to the facts and circumstances of the case, this court is of the view that the petitioner can be directed to pay an amount of Rs.20,000/- to the first respondent towards fair provision but the amounts awarded by the lower revisional court on the other counts need not be disturbed. 6 With the above observations this revision is disposed of. --------------- 24.03.2011 Kvsn