Joseph v. Shycy
Case brief
What is this about?
High Court revision challenging Family Court maintenance award. Court held divorce decree ground of adultery erased by higher court, so petitioner cannot claim lack of purity disentitles respondent to maintenance. Maintenance amount of Rs.3,000 maintained as no scope for interference.
What did the court decide?
Maintenance of Rs.3,000 per month awarded to respondent and revision petition dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 25TH DAY OF JULY 2018 / 3RD SRAVANA, 1940
RPFC.No. 265 of 2016
AGAINST THE ORDER/JUDGMENT IN MC 117/2014 of FAMILY COURT,THRISSUR DATED 20-10-2015
REVISION PETITIONER(S)/RESPONDENT
JOSEPH
AGED 41 YEARS, S/O PORINCHU, BRIGHT WAYS COTTAGE, SHETTY HALLY, MADRAHALLY P.O, BANGALORE
BY ADVS.SRI.N.M.MADHU SRI T.R. SEBASTIAN SMT.C.S.RAJANI
RESPONDENT(S)/PETITIONER:
SHYCY, AGED 35 YEARS, D/O ELSY, VAZHAPPILLY HOUSE, VELLARAKKAD P.O, ERUMAPETTY, THRISSUR 680 584
Issues for consideration
3 issues framed by the court
Whether a decedent's right to maintenance can be denied based on findings of adultery that were later edited from the decree by a Division Bench.
Whether the family court appropriate amount of maintenance considering the petitioner's income and dependency of his parents.
Whether the revision petition challenging the maintenance order has merit.
Parties & counsel
- petitioner
Joseph
- respondent
Shycy
Coram
Sunil Thomas
Case details
As recorded by the court registry
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