M.Ramla v. a.C.Ashraf
Case brief
What is this about?
This revision petition challenged the Family Court's cancellation of maintenance awarded to minor children. The High Court held that an agreement settling the wife's rights cannot waive the statutory right of minor children to maintenance under Section 125 Cr.P.C.
What did the court decide?
The Family Court order cancelling maintenance awarded to petitioner Nos. 2 and 3 under M.C.No.212 of 2009 is set aside. The cancellation in respect of the first petitioner is upheld.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 2ND DAY OF JUNE 2022 / 12TH JYAISHTA, 1944
RPFC NO. 9 OF 2014
MC 24/2013 OF FAMILY COURT, KASARAGOD
REVISION PETITIONER/S:
1 M.RAMLA
AGED 30 YEARS
D/O. MANDYAN ABDUL RAZZAK, MUHAMMED SABID MANZIL,
PADNEKKAD P.O., KANHANGAD, KASARAGOD DISTRICT.
2 MUHAMMED SHARAFATH M. AGED 10 YEARS
S/O. M.RAMLA, MUHAMMED SABID MANZIL, PADNEKKAD P.O., KANHANGAD, KASARAGOD DISTRICT.
Issues for consideration
3 issues framed by the court
Whether an agreement between a divorced wife and husband relinquishing maintenance rights binds minor children.
Whether statutory right to maintenance under Section 125 Cr.P.C. can be waived by private agreement.
Whether a lump sum settlement extinguishes the right of minor children to claim future maintenance.
Parties & counsel
- petitioner
M. Ramla
- petitioner
Muhammed Sharafath M.
- petitioner
Muhammed Shafeer M.
- respondent
A. Ashraf
Coram
Case details
As recorded by the court registry
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