High Court Kerala High Court

N.A.Saifunnessa vs K.Muhammed Fasal on 14 January, 2010

Kerala High Court
N.A.Saifunnessa vs K.Muhammed Fasal on 14 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 255 of 2007()


1. N.A.SAIFUNNESSA, D/O.N.ABDULKHADER,
                      ...  Petitioner

                        Vs



1. K.MUHAMMED FASAL, S/O.N.KASIM, LYLA
                       ...       Respondent

                For Petitioner  :SRI.P.R.VENKETESH

                For Respondent  :SRI.G.SREEKUMAR (CHELUR)

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :14/01/2010

 O R D E R
                            M.N.KRISHNAN,J.
                            ==============
                         R.P.(FC) No.255 OF 2007
                         ====================
                 Dated this the 14th day of January 2010.

                              JUDGMENT

This revision is preferred against the order of the Family Court,

Palakkad in M.C.No.341/06. The matrimonial relationship is

ruptured and the outcome is in the form of the maintenance case

that too after 30 years of marriage and blessed with two sons. It is

the case of the parties that they got married in 1972. The wife would

contend that the husband is a drunkard, homo sexual, a cruel man

and she cannot tolerate him and therefore she given a letter to

sever all her connections with the man. On the other hand the

husband would contend that he had been boiling and toiling hard

for the welfare of the family when working in the hot sun light in Gulf

countries and sent money to them and the wife was having immoral

relationship with her sister’s husband which gradually resulted in the

strained relationship between the two. As one is aware there may

not be any direct evidence regarding the immoral connections

between a man and women for the reason that it is never done in

public. It is only the circumstances that will prove such cases. That

R.P.(FC) No.255 OF 2007 2

is why it is very well said that man may lie but circumstances will

never lie. It is on this background one has to analyse the case. At

the outset if there had been such a horrid intolerable life for the

wife as alleged by her she would not have chosen to continue the

matrimonial relationship for three decades. The husband admittedly

was working abroad and was the source of the income for the wife

and children to survive. It was not easy at an earlier point of time

to come from Gulf country and go back as the facilities which are

available now were not in existence at that time. A man who had

gone abroad about two decades back may stay back there and can

visit his house only once in two or three years. It was such a

husband who had come and seen the wife and who had been

sending the money to the wife for the livelihood. On the contra

materials available clearly show that the brother-in-law of the

husband namely the sister’s husband was residing in the house and

even when he published a religious book the address is shown as

that of this house. The wife had taken the steps in 2003 to sever

the connection with the husband. But still she remain unhampered

for some more time to come forward with the petition for

maintenance. The husband had sent communications to the

R.P.(FC) No.255 OF 2007 3

mosque authorities to ventilate his grievances it has not been very

fruitful. It is under these circumstance the learned Family Court

Judge analysed and came to the conclusion that the wife has not

succeeded in proving that she is living separately for a valid

reason. Therefore the evidence available is not sufficient to hold in

the specific backdrop regarding the alleged act of the husband. On

the contra what was the necessity for the lady to purchase

documents jointly with the brother-in-law of the husband that too not

once, but twice and subsequently it is alleged that it is transferred to

the son. So the brother in law of the husband had been in and

around the residential premises of the lady for considerable number

of years which naturally and ultimately would have given rise to

suspicion to any husband. Therefore preponderance of

probabilities when analysed would reveal that all is not well with the

wife. The appreciation by the Family court cannot be found faulty.

Therefore I find that there is no perversity , illegality and irregularity

so as to interfere with the decision rendered by the Family Court.

So the revision fails and same is dismissed.

M.N.KRISHNAN,JUDGE.

mns

R.P.(FC) No.255 OF 2007 4