Simi K.T v. Ullas Babu
Case brief
What is this about?
The High Court set aside the Family Court's order denying maintenance to the wife, holding that vulgar allegations are irrelevant under Section 125 Cr.P.C. and that rent of Rs.7,500/- is insufficient to deem a wife capable of self-maintenance.
What did the court decide?
The impugned order declining maintenance to the wife is set aside, and the matter is remanded to the Family Court for fresh findings within six months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
RPFC NO. 94 OF 2020
AGAINST THE ORDER IN MC 451/2016 OF FAMILY COURT,ERNAKULAM
REVISION PETITIONERS/PETITIONERS:
1 SIMI K.T AGED 36 YEARS D/O.THILAKAN, RESIDING AT FLAT NO.M, JEWEL CROWN APARTMENTS, THAMMANAM ROAD, PALARIVATTOM-682025
2 MIYA ULLAS(MINOR) (DATE OF BIRTH 11.09.2013) REPRESENTED BY MOTHER/NATURAL GUARDIAN, SIMI.K.T FLAT NO.M, JEWEL CROWN APARTMENTS, THAMMANAM ROAD, PALARIVATTOM-682025
BY ADVS. N.K.SUBRAMANIAN SRI.S.ANANTHAKRISHNAN SRI.B.A.EASWAR PRASAD SHRI.ABRAHAM MATHAN
RESPONDENT/RESPONDENT:
Issues for consideration
3 issues framed by the court
Whether the finding that the wife is not entitled to maintenance due to vulgar allegations is alien to Section 125 Cr.P.C. considerations.
Whether an earning of Rs.7,500/- per month from shop rent is sufficient for a wife to be deemed capable of maintaining herself.
Whether the Revenue Court can remit the maintenance claim to the Family Court for fresh findings.
Parties & counsel
- petitioner
SIMI K.T
- petitioner
MIYA ULLAS
- respondent
ULLAS BABU
Coram
Case details
As recorded by the court registry
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