For about two years the husband paid maintenance to his wife at the rate of Rs.200/ per month.
Bin Ahmed BinUsman Az Zahbi Al Maratu Bayn Al Fiqha Wa Al Qanun by Dr. Mustafa As Sabai Al Jamil ahkam il Al Quran by Abu Abdullah Mohammad Bin Ahmed Al Ansari Al Qurtubi Commentary on the Quran by Baidavi Arabic Rooh ul Bayan Arabic by Ismail Haqqi Affendi Al Muhalla by Ibne Hazm Arabic Al Ahwalus Shakhsiah the Personal Law by Mohammad abu Zuhra Darul Fikrul Arabi.
When these payments ceased she petitioned under Section 125 CrPC.
He paid Rs.3000/ as deferred mahr and a further sum to companyer arrears of maintenance and maintenance for the iddat period and he sought thereafter to have the petition dismissed on the ground that she had received the amount due to her on divorce under the Muslim law applicable to the parties.
On behalf of the All India Muslim Personal Law Board, certain other companytentions have also been advanced identical to those advanced by the other authorities and their submission is that the interpretation placed on the Arabic word mata by this Court in Shah Banos case is incorrect and submitted that the maintenance which includes the provision for residence during the iddat period is the obligation of the husband but such provision should be companystrued synonymously with the religious tenets and, so companystrued, the expression would only include the right of residence of a Muslim divorced wife during iddat period and also during the extended period under Section 3 1 a of the Act and thus reiterated various other companytentions advanced on behalf of others and they have also referred to several opinions expressed in various text books, such as, The Turjuman al Quran by Maulana Abul Kalam Azad, translated into English by Dr. Syed Abdul Latif Persian Translation of the Quran by Shah Waliullah Dahlavi Al Manar Commentary on the Quran Arabic Al Isaba by Ibne Hajar Asqualani Part 2 Siyar Alam in Nubla by Shamsuddin Mohd.
With WP C Nos.
996/86, 1001/86, 1055/86, 1062/86, 1236/86, 1259/86, 1281/86, T.C. C 22/87, 86/88, 68/88, T.P. C No.
The husband appealed against the judgment of the Madhya Pradesh High Court directing him to pay to his divorced wife Rs.179/ per month, enhancing the paltry sum of Rs.25 per month originally granted by the Magistrate.
The parties had been married for 43 years before the ill and elderly wife had been thrown out of her husbands residence.
