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2016 Supreme(Ker) 372

T.B.RADHAKRISHNAN, K.SURENDRA MOHAN, K.HARILAL
Beepathu – Appellant
Versus
Kovath Abdul Azeez – Respondent


Advocates:
Advocate Appeared:
For the Appellants : K.C. Santhoshkumar, K.K. Chandralekha
For the Respondent: K.R. Avinash, Abdul Raoof P., M.K. Sumod

JUDGMENT :

T.B. Radhakrishnan, J.

1. This reference to the Full Bench is made on a matrimonial appeal filed by the wife and children of the respondent seeking past maintenance. The dispute in this appeal is only regarding the eligibility of the first petitioner/wife to claim past maintenance. The defence set up by the respondent in this regard is that the parties belong to Hanafi sect of Sunnis among Muslims and therefore, the wife is not entitled to past maintenance. When this appeal was heard by the Division Bench, the learned Judges noticed the decision of this Court in Amina v. Hassan Koya, 1985 KHC 135, 1985 KLT 596, ILR 1985 (2) Ker. 580, 1985 KLN 429, 1985 CriLJ 1996 which was relied on by the Family Court. But, the Division Bench opined that there is divergence of opinion as between the decisions of this Court as to the applicability of any general principle that the Muslims of Kerala are predominantly Hanafis. Reference was made to Moosa Seethi v. Mariyakutty, 1954 KHC 102, 1954 KLT 249, AIR 1954 TC 432, ILR 1954 TC 690, Abdulla Beary v. Alikunhi Beary, 1957 KHC 192, 1957 KLT 849, 1957 KLJ 731, 1957 KLJ NOC 43, 1957 KLT SN 135, Abdulla v. Katheesa, 1983 KHC 148, 1983 KLT 672











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