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2001 Supreme(Ker) 240

M.R.HARIHARAN NAIR
Saroja – Appellant
Versus
V. Janardhanan – Respondent


Judgment :-

The revision petitioners are mother and child, who were affected by a decision of the Sessions Judge, Palakkad reversing the finding in M.C. No. 43/91 passed by the Additional Judicial First Class Magistrate, Palakkad. As per the order of the said Magistrate, the husband's application for cancellation of an earlier order for maintenance was dismissed; but the impact of the order of the Sessions Judge is that the maintenance granted in M.C. No. 27/81 is rendered unenforceable albeit with prospective effect.

More details : M.C. No. 27/81 was filed by the present revision petitioners before the Chief Judicial Magistrate's Court, Palakkad seeking maintenance for the wife and child. The Court allowed maintenance to them at the rate of Rs. 180/- and Rs. 100/- per mensem respectively. O.P. No. 39/80 had been filed by the respondent herein seeking dissolution of marriage in the Sub-Court, Palakkad and in I.A. No. 3265/80 order for permanent alimony had been sought for by the petitioners. When O.P. No. 39/80 was subsequently dismissed, the aforesaid I.A. seeking alimony was also dismissed stating that there was no evidence. The matter was taken up in appeal to the District Court










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