The High Court dismissed the matrimonial appeal challenging the Family Court's maintenance award of Rs. 8,000 per month to the wife and child, noting the appellant works abroad.
Matrimonial Appeal and Revision Petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 23RD DAY OF JULY 2018 / 1ST SRAVANA, 1940
Mat.Appeal.No. 682 of 2011 (C)
AGAINST THE JUDGMENT IN OP 29/2011 of FAMILY COURT, THALASSERY, DATED 02-04-2011
APPELLANT/RESPONDENT : -
A.P.ABDUL SAMAD, S/O.ISMAIL, AGED 30 YEARS, SHANIDAS, PARIMADAM, NEW MAHE, THALASSERY.
BY ADVS.SRI.R.PARTHASARATHY SRI.RAJESH V.NAIR SMT.SEEMA
RESPONDENTS/PETITIONERS: -
R1 & R2 BY ADV. SRI.P.NARAYANAN
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 23-07-2018 ALONG WITH R.P. (F.C.) No. 191/2011. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DMR/-
A.M.SHAFFIQUE & P. SOMARAJAN, JJ.
Mat. Appeal No. 682 of 2011 & R.P.(F.C.) No. 191 of 2011
Dated this the 23rd day of July, 2018
J U D G M E N T
A.M. Shaffique, J.
Mat. Appeal No.682/2011 and R.P.(F.C.) No.191/2011 are concerning the grant of past maintenance as well as future maintenance. Past maintenance and future maintenance had been granted at the rate of Rs.5,000/- per month for the respondent/wife and Rs.3,000/- per month for the minor child.
Mat. Appeal No. 682 of 2011 & R.P.(F.C.) No. 191 of 2011
2
sufficient means to pay an amount of RS.8,000/- as maintenance to his wife and minor child. Under such circumstances, when the Family Court had exercised its discretion to award such an amount, there is no reason why this Court to interfere and that too at this stage of proceedings.
Mat. appeal and R.P.(F.C) are therefore dismissed.
Sd/- A.M.SHAFFIQUE (JUDGE)
Sd/- P. SOMARAJAN (JUDGE)
DMR/-
2 issues framed by the court
Whether the appellate court should interfere with the Family Court's discretion in awarding maintenance to the wife and minor child.
Whether the appellant's alleged lack of income justifies reducing the awarded maintenance amount.
A.P. Abdul Samad
Raheena T
Muhammed Aman A.P.
A.M. Shaffique
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
