The High Court of Kerala quashed an impugned order declining interim maintenance application. It held that the main question of maintainability under Muslim law needs resolution first. The court also set aside costs imposed on the student petitioner.
Set aside imposition of costs; remanded main matter for disposal uninfluenced by impugned order.
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.MUHAMED MUSTAQUE
&
THE HONOURABLE DR.JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
OP (FC) NO. 384 OF 2020
AGAINST THE ORDER/JUDGMENT IN O.P.NO.682/2018 OF FAMILY
COURT, ALAPPUZHA
PETITIONER/S:
LIYA SHAMREEN, AGED 19 YEARS, D/O.SALEENA, AMAKKADU VELIYIL, CHARAMANGALAM MURI, MUHAMMA, CHERTHALA, ALAPPUZHA-688 525.
BY ADVS. T.B.HOOD SMT.M.ISHA
RESPONDENT/S:
NISSAM, S/O. ABDUL RAHUMAN KUNJU, KAIPPALLI VEEDU, MADATHIL KARAZHMA MURI, OCHIRA, KARUNAGAPPALLY, KOLLAM-690 526.
BY ADVS. SRI.ABDUL JAWAD K. SMT.A.GRANCY JOSE
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC) No.384/2020 2
JUDGMENT
. A.Muhamed Mustaque, J
This original petition was filed challenging an application for interim maintenance pending the main petition. The petitioner is the daughter of the respondent. She sought interim maintenance to meet her educational expenses and also sought Rs.50,00,000/- (Rupees fifty lakhs only) to purchase the residential house.
OP (FC) No.384/2020 3
the view that the application itself cannot be decided as an interim application. The main matter itself will have to be decided as the respondent has raised the question of maintainability of the petition for maintenance claimed by an unmarried daughter under the law applicable to Muslims. Therefore, we are of the view that the Family Court shall consider the main matter uninfluenced by any observations or findings in the impugned order.
We also note that unnecessarily the Family Court imposed costs while dismissing the application. It is to be noted that the petitioner is a student and the daughter of the respondent. Therefore, we set aside the imposition of costs.
The Original Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
DR. KAUSER EDAPPAGATH, JUDGE
ln
OP (FC) No.384/2020 4
APPENDIX OF OP (FC) 384/2020
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 30.10.2003 IN M.C.NO.34/2003 OF THE CHIEF JUDICIAL MAGISTRATE'S COURT, ALAPPUZHA. EXHIBIT P2 TRUE COPY OF O.P.NO.682/2018 ON THE FILES OF THE FAMILY COURT, ALAPPUZHA. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 31.7.2018 I.A.NO.1237/2018 IN O.P.NO.682 /2018 OF THE FAMILY COURT, ALAPPUZHA. EXHIBIT P4 TRUE COPY OF I.A.NO.338/2019 IN OP NO.682/2018 OF THE FAMILY COURT, ALAPPUZHA. EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 28.7.2020 IN I.A.NO.338/2019 IN O.P.NO.682/2018 OF THE FAMILY COURT, ALAPPUZHA. EXHIBIT P7 TRUE COPY OF THE CERTIFICATE DATED 26.2.2018 ISSUED BY THE PRINCIPAL OF CARMEL PUBLIC SCHOOL, PALA. EXHIBIT P8 TRUE COPY OF THE CERTIFICATE DATED 27.2.2019 ISSUED BY THE PRINCIPAL OF CARMEL PUBLIC SCHOOL, PALA.
EXHIBIT P9 TRUE COPY OF THE CERTIFICATE DATED 2.4.2019 ISSUED BY THE HOSTEL WARDEN OF CARMEL HOSTEL, PALA. EXHIBIT P10 TRUE COPY OF THE RECEIPT DATED 26.7.2019 ISSUED BY THE CO-OPERATIVE SCHOOL OF LAW, THODUPUZHA.
RESPONDENT EXHIBITS
EXHIBIT R1A TRUE COPY OF THE DISCHARGE SUMMARY DATED 13/3/2018 ISSUED BY THE PVS MEMORIAL HOSPITAL PVT. LTD., KOCHI.
OP (FC) No.384/2020 5
EXHIBIT R1 B TRUE COPY OF THE CERTIFICATE DATED 24/3/2018 ISSUED BY THE PVS MEMORIAL HOSPITAL PVT. LTD., SHOWING THE EXPENSES OF SURGERY.
EXHIBIT R1 C TRUE COPIES OF THE 6 RECEIPTS OF DEPOSITS OF MONEY THROUGH BANK.
EXHIBIT R1 D TRUE COPY OF THE LAND TAX RECEIPT DATED 6/8/2019.
2 issues framed by the court
Whether an interim maintenance application for an unmarried daughter can be decided without adjudicating the main matter regarding its maintainability under Muslim law.
Whether costs imposed on a student petitioner for failing an interim maintenance application should be set aside.
Liya Shamreen
Nissam
A.Muhamed Mustaque
Dr. Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
