Hamza v. Asya
Case brief
What is this about?
The High Court allowed the matrimonial appeal to a limited extent. It confirmed the Family Court's findings on property return but reduced the monthly maintenance amount from Rs. 5,000 to Rs. 4,500 per head, thereby reducing past maintenance correspondingly.
What did the court decide?
Reduced future maintenance to Rs. 4,500 per mensem and reduced past maintenance by Rs. 18,000; confirmed in all other respects.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
THURSDAY, THE 8TH DAY OF NOVEMBER 2012/17TH KARTHIKA 1934
Mat.Appeal.No. 102 of 2010 (D)
OP.150/2004 of FAMILY COURT, MALAPPURAM
APPELLANT/RESPONDENT::
HAMZA, S/O.MUHAMMED KUTTY, AMMAYATH KONDASSERI HOUSE, AYINKALAM P.O. THAVANOOR VIA., THAVANOOR AMSOM, AYINKALAM DESOM PONNANI TALUK, KUTTIPPURAM POLICE STATION.
BY ADV. SRI.K.M.SATHYANATHA MENON
RESPONDENT/PETITIONER:
ASYA, D/O.CHOORAKKODAN MOIDU, TIRUR TALUK, ATHAVANAD AMSOM DESOM ATHAVANAD P.O.-676 310.
Issues for consideration
2 issues framed by the court
Whether the impugned judgment and decree awarding maintenance and return of property warrants interference on appeal.
Whether the finding that no valid Muslim talaq has been proved is correct based on the evidence.
Parties & counsel
- appellant
HAMZA, S/O.MUHAMMED KUTTY
- respondent
ASYA, D/O.CHOORAKKODAN MOIDU
Coram
PIUS C. KURIAKOSE
Case details
As recorded by the court registry
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