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