Ashraf v. Sabira
Case brief
What is this about?
High Court of Kerala dismissed a criminal revision petition challenging maintenance awarded to a wife and children. The Court held the Magistrate correctly considered prior Family Court awards and affirmed the husband's liability.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 19TH DAY OF JULY 2022 / 28TH ASHADHA, 1944
CRL.REV.PET NO. 499 OF 2022
CRA 101/2019 OF ADDITIONAL SESSIONS COURT- II, KOZHIKODE MC 86/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,
PERAMBRA
REVISION PETITIONER/APPELLANT/RESPONDENT:
ASHRAF AGED 47 YEARS S/O. POCKER, NADATHALAKKAL HOUSE, KAYANNA P.O., CHAKKITTAPARA, PERAMBRA, KOZHIKODE DISTRICT 673 526.
BY ADV ZUBAIR PULIKKOOL
RESPONDENT/RESPONDENT/PETITIONER & STATE:
Issues for consideration
2 issues framed by the court
Whether the award of maintenance by the Magistrate under the DV Act was unjustified given prior maintenance awards by the Family Court.
Whether the Magistrate erred in imposing maintenance without considering the income of the wife and children.
Parties & counsel
- petitioner
ASHRAF
- respondent
SABIRA
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court