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1988 Supreme(Ker) 61

V.SIVARAMAN NAIR, SHAMSUDDIN
K. M. K. NAIR – Appellant
Versus
RADHAKUMARI – Respondent


Judgment :-

1. The above M.F.A. is directed against the order passed by the District Court, Trivandrum in O.P. (H. M. A.) No. 63 of 1983, an application filed by the appellant herein under S.13 (1A) (ii) of the Hindu Marriage Act, 1955, (hereinafter referred to as 'the Act'). By order dated 16th August, 1982, the learned District Judge dismissed the application. The appellant-husband challenges the said order in this M. F. A.

2. A. S. No. 265 of 1986 is filed by the appellant (husband) against the judgment and decree of the Court of Subordinate Judge, Trivandrum in O.S. No. 5S2 of 1983, in so far as it related to maintenance awarded by the lower court to the respondent at the rate of Rs. 250/- per mensem. The appellant has not challenged the order of maintenance awarded to the children, the plaintiffs 2 and 3 in the suit at the rate of Rs. 250/- each per mensem

3. The parties are Hindus belonging to Nair community whose marriage was solemnised on 19-5-1967 in accordance with the customary rites and ceremonies applicable to their community, After the marriage the parties lived as husband and wife in the ancestral houses of the petitioner and the respondent alternatively and also at pl























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