The High Court dismissed an appeal challenging the Family Court's order awarding past maintenance. Upholding the quantum decided at Rs. 750/- for the wife and Rs. 500/- for minor children per month, the court found no merit in the appeal as the award was reasonable.
Appeal dismissed; original order of Family Court allowing maintenance remains in force.
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
FRIDAY, THE 10TH DAY OF AUGUST 2018 / 19TH SRAVANA, 1940
Mat.Appeal.No. 711 of 2011 (C)
AGAINST THE ORDER IN OP 335/2010 of FAMILY COURT, KOZHIKODE, DATED 09-11-2010
APPELLANT/RESPONDENT: -
RAMESAN.P.K., AGED 44 YEARS, S/O.NARAYANAN NAIR, PUTHIYAKUNNUMMAL HOUSE, MANGAD AMSOM DESOM, IYYAD DESOM, KOYILANDY TALUK, KOZHIKODE.
BY ADV.SRI.SANTHARAM.P
RESPONDENTS/PETITIONERS : -
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 10-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DMR/-
A.M.SHAFFIQUE & P. SOMARAJAN, JJ.
Mat. Appeal No. 711 of 2011
Dated this the 10th day of August, 2018
J U D G M E N T
A.M. Shaffique, J.
This appeal has been filed challenging the judgment in O.P.No.335/2010 by which past maintenance has been awarded to the first petitioner at Rs.750/- and the petitioners 2 and 3 at Rs.500/- each per month. The maintenance had been directed to
be paid for a period of three years and the total amount would come to Rs.63,000/-.
Mat. Appeal No. 711 of 2011
2
years. Since the amount awarded is reasonable, we do not think it necessary to wait for the appearance of respondents to dispose of the matter. Since there is no merit in the appeal, the same is
dismissed. Copy of this judgment may be sent to the Family Court and to the first respondent.
Sd/- A.M.SHAFFIQUE (JUDGE)
Sd/- P. SOMARAJAN (JUDGE)
DMR/-
2 issues framed by the court
Whether the maintenance amount awarded by the Family Court to the wife and minor children is reasonable and sustainable in appeal.
Whether the husband is obligated to maintain the wife and children given the findings on divorce refuse.
Ramesan.P.K.
Sheeba
Sharavan
Dhakshin
A.M. Shaffique
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
