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Addl Disttt Sessions Judge upholds CJM's decision 6/12/2015 11:28:52 PM Early Times Report Doda, June 12: In a significant decision the Additional District and Sessions Judge Doda upheld the decision of the Chief Judicial Magistrate Doda and entitled Shina Begum (petitioner) to monthly maintenance of Rs 1000/- and her minor son entitled to Rs. 700/- by upholding the order of learned Chief Judicial Magistrate, Doda. Addl. Section Judge Doda Tahir Khurshid Raina while adjudicating up on a criminal revision petition no. 39/revision titled Sher Mohd v/s Shaina Begum and another filed by Husband respondent held the petitioner wife entitled to monthly maintenance of Rs. 1000/- and minor son entitled to Rs. 700/- by upholding the order of learned Chief Judicial Magistrate, Doda. Advocate Arshad Salaria represented Shina Begum at the trial stage as well as during the revision petition of the case. The revision petition was filed by the respondent (husband of Shina Begum) seeking quashment of the order for grant of maintenance, on the ground that since the husband as divorced his wife and thus she is not entitled to monthly maintenance. In his 16 page judgment the learned Addl Section Judge Doda has given an elaborate commentary over divorce by giving reference of holy Quran and observations given by different Courts including the Supreme Court of India. The Addl. Section Judge Doda also threw light on correct law on Talaq as ordained by the Holy Quran emphasizing on the importance of period of Tuhur and presence of to witnesses. The court has underlined in its judgment at page no 13 and 14 that thought the Shariat law gives the power of pronouncing 'talak- (divorce)' to the husband, yet the power is not so unbridled which can be exercised at the whim and caprice of the husband. It must be remembered that in the sight of Allah, it is the most detestable permitted act and that too by resorting to the mode and method as enjoined in the Holy Quran, it emphasized and added that the concept of pronouncing 'talak' only in the state of Tuhur of the wife, appointing of two arbiters from both sides and then if reconciliatory attempt fails, the first talak to be pronounced, signifies the fact that by all means the Holy Quran wants the talak to get deferred and marriage to survive. With these observations, Additional District and Sessions Judge Doda upheld the decision of the Chief Judicial Magistrate Doda and entitled petitioner to monthly maintenance alongwith her minor son.   Share This News with Your Friends on Social Network     Comment on this Story

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