The High Court dismissed a matrimonial appeal challenging a Family Court order directing past maintenance of Rs. 1,08,000. The appellant claimed the wife deserted him and allegedly remarried abroad, but found no sufficient evidence of adultery or bigamy, upholding the maintenance order.
Matrimonial appeal dismissed; no costs awarded.
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 A.M.BABU
WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940
Mat.Appeal.No. 36 of 2011
AGAINST THE ORDER IN OP 129/2010 of FAMILY COURT, MALAPPURAM DATED 28-10-2010
APPELLANT/RESPONDENT:
ABDUL LATHEEF, 45 YEARS, S/O.ULLADAN MUHAMMED, KOORIYADU PO, TIRURANGADI TALUK, MALAPPURAM DISTRICT, VENGARA PSL.
BY ADVS. SRI.SHIRAZ ABDULLA SRI.JOJO PAPPACHAN
RESPONDENT/PETITIONER:
PALERI PATHUMMAKUTTY 40 YEARS, D/O.PALERI MUHAMMED KUTTY, THIRURANGADI TALUK, VENGARA AMSOM, KUTTUR DESOM, MALAPPURAM DIST,VENGARA PSL.PIN 646704
BY ADV. SRI.C.M.MOHAMMED IQUABAL
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 06.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Mat.A.No.36/2011
JUDGMENT
This appeal is filed by the respondent in O.P.No.129/2010 challenging the direction of the Family Court, Malapuram directing past maintenance to be paid at the rate of Rs.3,000/- per month for 36 months.
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Mat.A.No.36/2011
claim of Rs.1,50,000/- was rejected for want of evidence. The wife has not challenged the said order.
In so far as no grounds are made out for interference, the Mat.Appeal is dismissed. No costs.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
A.M.BABU
kp
True copy
JUDGE
P.A. To Judge.
3 issues framed by the court
Whether the Family Court erred in directing payment of past maintenance despite claims of desertion and alleged bigamy by the husband.
Whether any grounds were made out for interference with the Family Court's order directing past maintenance.
Whether evidence was required to prove the wife's alleged illicit relationship before rejecting the husband's denial of maintenance obligation.
ABDUL LATHEEF
PALERI PATHUMMAKUTTY
A.M. SHAFFIQUE
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
