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2012 Supreme(Ker) 315

M.L.JOSEPH FRANCIS, K.M.JOSEPH
C. C. Alexander – Appellant
Versus
Jacob Antony Palakkathadathi @ Amith, Rep. By His Mother & Natural Guardian C. K. Omanakkunjamma @ Angel Rose – Respondent


Advocates Appeared:
For the Appearing Parties:M.K. Damodaran (Sr.), Alan Papali, A. Krishnan, Gilbert George Correya, Smt.O.V. Bindu, Nishil.P.S., J. Vimal, Advocates.

Judgment :-

K.M. Joseph J.,

The petitioner is the respondent in M.C. No.135 of 2011, which was filed before the Family Court, Ernakulam by two children, who are twins represented by their mother. They filed the petition invoking Section 125 of Code of Criminal Procedure and Section 7(1) Explanation (f) of the Family Courts Act, 1984 (hereinafter referred to as 'the Act'). The prayer is one for maintenance.

2. Briefly put the case of the respondents before the Family Court is as follows. The petitioner herein was a business associate of the earlier husband of mother of the respondents. The petitioner prevailed upon the respondents' mother by making her believe that there is no valid marriage between her and her husband and he may desert the respondents' mother etc. Thereafter the petitioner showed deep affection and love towards the respondents' mother and started caring for the respondents' mother very much and looking after her affairs very keenly. Believing the petitioner's words, it is stated, that the petitioner is a bachelor and millionaire with lucrative business having branches in foreign countries, the petitioner and the mother of the respondents were living as husband and







































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