IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 14 of 2007()
1. KANIYAR THODIKA AHAMMED,
... Petitioner
Vs
1. MANJERI JAMEELA, D/O.ALAVINNI,
... Respondent
2. MEHAROOFA, 15 YEARS (MINOR).
3. NIJAS, 12 YEARS(MINOR),
For Petitioner :SRI.K.SHIBILI NAHA
For Respondent :SRI.BABU S. NAIR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :12/01/2010
O R D E R
M.N. KRISHNAN, J.
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R.P.(F.C.) NO. 14 OF 2007
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Dated this the 12th day of January, 2010.
O R D E R
This revision is preferred against the order of the Family
Court, Malappuram in M.C.1/06. The couple got married in
1989 started living separately in 1993 and it is averred that
they rejoined in 1997 and again separated in 2005. The Court
below found that for a period of 12 years the total
maintenance paid by the husband is Rs.12,800/-. He had also
remarried and is living with his new wife and children. The
learned counsel for the revision petitioner would contend that
it was only on the fault of the first wife that she was living
separately. The case will speak for itself and the attitude of
the husband to the wife in the form of maintenance is
evidenced by the discussion in paragraph 6 of the order. It is
true that Mohammedan Law permit to marry more than once
but the Mohammedan Law also states that if you marry more
than once he has to treat his wives equally and also to look
after them equally. That is what is not done by the husband
R.P.(F.C.) NO. 14 OF 2007
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and ordinarily a wife with three children will not desert her
husband especially when she is having no financial resources.
Admittedly the husband is running a mobile tea shop and
therefore taking note of the entire situation I hold that the
wife and children are living separately for proper reason and
therefore award a reasonable quantum whereby the wife has
to be paid a maintenance of Rs.600/-, the first son Rs.500/-,
2nd child Rs.500 thus making a total sum of Rs.1,600/- which
will be payable from the date of petition. The amount already
paid or deposited shall be taken credit of.
R.P.(F.C.) is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-