Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945 MAT.APPEAL NO. 152 OF 2023 AGAINST THE ORDER/JUDGMENT OP 351/2020 OF FAMILY COURT, KANNUR APPELLANT/RESPONDENT:
FENIL C.K.
AGED 40 YEARS S/O. K.V. PADMANABHAN, RESIDING AT SREEPADMAM, PO.
PERUVALATHPARAMBU, CHEDICHERY, IRIKKUR AMSOM, T TALIPARAMBA TALUK, KANNUR-, PIN – 670593 BY ADVS.
P.A.HARISH V.V.SURENDRAN ASWATHI C.
RESPONDENT/PETITIONER:
ASHWANI K. NAIR AGED 30 YEARS, D/O. MINI KARUNAKARAN, RESIDING AT RUDRAKSHAM (MINI NIVAS), PO. PADINHATTAM KOZHUVEL (WRONGLY SHOWN AS PADINHATTAM KOVVAL) NEAR NSS AUDITORIUM, NILESHWAR, HOSDURG TALUK, KASARAGODE- 671314, (MENTALLY ILL PERSON REPRESENTED BY MOTHER AND GUARDIAN MINI KARUNAKARAN, AGED 59 YEARS, W/O.
M.P.KARUNAKARAN NAIR, RESIDING AT RUDRAKSHAM (MINI NIVAS), PO. PADINHATTAM KOZHUVEL (WRONGLY SHOWN AS PADINHATTAM KOVVAL) NEAR NSS AUDITORIUM, NILESHWAR, HOSDURG TALUK, KASARAGODE, PIN – 671314 BY ADVS.
NITHIN C.H.
ARCHANA MITHRAN O.K.
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MAT.APPEAL NO. 152 OF 2023 2 JUDGMENT Amit Rawal, J.
1.
Present appeal by the appellant/husband is directed against the judgment and decree dated 16.11.2022 in O.P.No.351/2022 whereby past maintenance from 15.01.2018 to 15.03.2020 at the rate of Rs.4,000/- (Rupees four thousand only) totalling to Rs.1,04,000/- (Rupees one lakh four thousand only) has been ordered to be paid to the respondent wife.
2.
Marriage between the parties was solemnized on 25.11.2017 according to custom and ceremonies prevailing among the Hindu community at Guruvayur Temple. In fact, it was second marriage for both. Realising that the respondent was suffering from certain ailments, a petition was preferred for dissolution of marriage as per the provisions of Sections 12(1) (b) and (c) of the Hindu Marriage Act. The marriage was dissolved on 16.11.2022. Present case pertains to past
MAT.APPEAL NO. 152 OF 2023 3 maintenance with effect from 15.01.2018 to 15.03.2020.
3.
Learned counsel appearing on behalf of the petitioner submitted that once the marriage between the parties become void, no question arises for the maintenance of wife much less claim of Rs.4,000/- (Rupees four thousand only) as past maintenance. For the time being, there is no challenge to the granting of future maintenance in M.C.No.119/2020. As per the medical record respondent was found to be suffering from paranoid schizophrenia. She owns 4 shop rooms which are leased out and therefore is able to maintain herself.
4. Respondent has been served, filed vakalathnama but there is no appearance.
5.
We have heard the learned counsel for the appellant and appraised the paper book.
6.
When a specific question was asked to counsel regarding the nature of job of the appellant, we have been informed that is working as Driver in the GST Department. No
MAT.APPEAL NO. 152 OF 2023 4 doubt that Court on the basis of the medical report granted the divorce only in November, 2022. During the subsistence of marriage, it is the bounden duty of husband to maintain his wife. Whatever the allegations except medical were not found in favour of the Court. Thus the past maintenance ordered for the period aforementioned cannot be said to be onerous or untenable.
No ground for interference is made out. Appeal stands dismissed.
Sd/- AMIT RAWAL JUDGE Sd/- C.S. SUDHA JUDGE nak