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2019 Supreme(Ker) 952

C.S.DIAS
Yousuff S/o Abdutty – Appellant
Versus
Nafeesakutty D/o Ummathu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. P.K. Mohanan (Palakkad).
For the Respondents: Sri. P.K. Abdu Raheem, Sri. P. Chandrasekhar, Smt. P.M. Mazna Mansoor, Sri. S. Prasanth.

ORDER :

1. The respondent in MC No. 16/2013 on the file of the Family Court, Ottapalam, is the revision petitioner. The petitioners in the Maintenance Case (in short “MC”) are the respondents in this revision petition.

2. The petitioners filed the M.C seeking separate monthly maintenance from the revision petitioner at the rate of Rs. 4,000/- to the first petitioner, Rs. 3,000/- to the second petitioner and Rs. 2,000/- to the third and fourth petitioners, respectively. The parties are referred to as the “petitioners” and “respondent” as per their status in the M.C.

3. The petitioners filed the M.C. contending that the respondent is a driver by profession, and is employed in the Gulf. He earns a monthly income of Rs. 45,000/-. They averred that the respondent, despite having sufficient means, has willfully refused to maintain them. The respondent harassed the first petitioner and went away to the Gulf. The first petitioner has no source of income; the petitioners 2 to 4 are students and require maintenance allowance as claimed in the M.C.

4. The respondent opposed the M.C. by filing a counter statement. He admitted the marriage and the paternity of the children. His defense was that the

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