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2017 Supreme(Ker) 306

A.M.SHAFFIQUE, K.RAMAKRISHNAN
SANOJ PAREETHU – Appellant
Versus
NIMY. P. Y – Respondent


Advocates Appeared:
FOR THE APPELLANT : SRI. A. BALAGOPALAN, SRI. A. RAJAGOPALAN, SRI. M.S. IMTHIYAZ AHAMMED, SMT. JENNEYA MARIAM PHILIP
FOR THE RESPONDENTS: SRI. BABU KARUKAPADATH, SMT. M.A. VAHEEDA BABU, SRI. K.A. NOUSHAD, SRI. P.U. VINOD KUMAR, SRI. KANDAMPULLY RAHUL, SRI. MITHUN BABY JOHN, SRI. J. RAMKUMAR

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized with appropriate references:

  1. The appeals relate to a judgment that granted divorce and maintenance under the Dissolution of Muslim Marriages Act, 1939, primarily on grounds of neglect and cruelty by the husband (!) (!) .

  2. The respondent (wife) alleged that the husband did not show affection, failed to communicate, and did not lead a normal marital life, which caused her emotional distress and neglect, especially during pregnancy and after childbirth (!) (!) .

  3. The husband argued that he was committed and responsible, citing his employment obligations and efforts during pregnancy, and denied neglect or cruelty. He also claimed that the financial contributions made by the wife’s family were in her name and that he had given gold ornaments and a monetary amount, which he was willing to return if the ornaments were returned (!) (!) .

  4. The court found sufficient evidence supporting claims of neglect and cruelty, leading to the conclusion that the marital relationship had irretrievably broken down, justifying a decree of divorce (!) (!) .

  5. The court also considered the grounds for divorce under the relevant provisions, especially focusing on neglect (Section 2(ii)) and cruelty (Section 2(viii)), and determined that the appellant's conduct amounted to cruelty and neglect, warranting dissolution of the marriage (!) (!) .

  6. Regarding maintenance, the court ordered the husband to pay Rs. 5,000 per month each to the wife and child, but rejected claims for past maintenance and compensation for household articles and valuables (!) (!) .

  7. The court examined the financial details of the husband, establishing that he earned more than Rs. 70,000 per month, and found that he had not paid interim maintenance promptly, which influenced the maintenance order (!) (!) .

  8. The court dismissed the appeal against the divorce decree, affirming the findings that the marriage had broken down due to neglect and cruelty, and upheld the maintenance order (!) (!) (!) .

  9. Claims for compensation and return of valuables, including the value of articles and money given at marriage, were rejected or reduced based on the evidence, with the court emphasizing the husband's failure to substantiate his claims of deposit or return of valuables (!) (!) .

  10. Overall, the court dismissed both appeals, maintaining the original judgments for divorce and maintenance, and clarified that the evidence supported the grounds for dissolution under the applicable law (!) .

Please let me know if you need a more detailed analysis or specific legal advice based on this case.


JUDGMENT :

Shaffique, J.

These two appeals are filed against the common judgment dated 5/2/2013 in OP Nos.925/2008 and 926/2008. The common respondent in the original petitions is the appellant herein. OP No.925/08 against which MA No.367/13 has been filed, was filed by the minor son represented by mother and the wife of the appellant seeking for past and future maintenance which was allowed by the Family Court in part directing grant of maintenance at the rate of Rs. 5000/- each per month to the respondents herein from the date of original petition. OP No.926/2008 against which MA No.366/13 has been filed is filed by the respondent herein seeking for a divorce under Section 2 of the Dissolution of the Muslim Marriages Act, 1939, which was allowed by the Court below and also claiming damages of Rs. 10 lakhs and return of money paid as value of articles to the tune of Rs. 2,96,000/- of which Court below allowed Rs. 2 lakhs only.

2. For easy reference, parties are referred to as shown in the memorandum of appeal. The facts in MA No.366/13 are as under:-

The parties are Muslim by religion. Appellant married the respondent on 14/5/2006. The allegation raised by the respondent is that the a

































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