Ibrahimkutty vs Sulaikha
2024 Latest Caselaw 5770 Ker

Kerala High Court

Ibrahimkutty vs Sulaikha on 20 February, 2024

Author: P.Somarajan

Bench: P.Somarajan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
    TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
                         RPFC NO. 34 OF 2024
 AGAINST THE ORDER/JUDGMENT IN MC 220/2017 OF FAMILY COURT, TIRUR
REVISION PETITIONER/RESPONDENT:

          IBRAHIMKUTTY
          AGED 59 YEARS
          S/O YOOSUF KOORMATH, MAMBATTA,
          MUKKAM K.M.C.T. MEDICAL COLLEGE JUNCTION,
          MUKKAM P.O KOZHIKODE TALUK,
          KOZHIKODE DISTRICT, PIN - 673602

          BY ADVS.
          JAMSHEED HAFIZ
          T.S.SREEKUTTY



RESPONDENT/PETITIONER:

          SULAIKHA,
          AGED 55 YEARS
          PICHAM VEETTIL, D/O. SAITHALIKUTTY,
          KOORMATH HOUSE, N.K. ROAD, TIRURANGADI,
          KAKKAD VIA, TIRURANGADI TALUK, TIRURANGADI P.O,
          MALAPPURAM DISTRICT, PIN - 676306


     THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
     RPFC NO. 34 OF 2024

                                         2



                                     ORDER

Against the wife in the first marriage, the

husband, the revision petitioner, came up

aggrieved by the order of maintenance @

Rs.5,000/-.

The revision petitioner entered into a

second marriage with another lady and is leading

a peaceful life by denying the right of

maintenance to the wife in the first marriage,

and ultimately she was forced to approach the

Family Court for getting maintenance. The Family

Court found that she has no means to maintain

her life. But, the amount ordered by way of

maintenance comes to Rs.5,000/- though the claim

was for an amount of Rs.10,000/- per month. The

court should be more vigilant and cautious and

should apply a practical method. The amount

ordered by the Family Court comes to only RPFC NO. 34 OF 2024

5,000/-, a meagre amount hardly sufficient to meet

her requirement. But no appeal was preferred by

the wife. The revision is really intended to

further delay and lag the matter indefinitely by

denying the valuable right of maintenance.

Hence, the Crl.R.P will stand dismissed in

limine.

Sd/-

P.SOMARAJAN JUDGE SPV