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2021 Supreme(Ker) 25

MARY JOSEPH
Mohammedkunhi @ Bevi, S/o Khader B. – Appellant
Versus
Safura, W/o Muhammedkunhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.I.V.PRAMOD, SRI.K.V.SASIDHARAN, SMT.SAIRA SOURAJ P.
For the Respondent: SRI.PUSHPARAJAN KODOTH, SRI.K.JAYESH MOHANKUMAR, SMT.VANDANA MENON, SRI.VIMAL VIJAY, SMT.RESHMA T.R.

ORDER :

The revision on hand is filed against an order passed by Family Court, Kasaragod on 24.06.2019 in M.C.No.23 of 2016. M.C. was filed by the respondents before the Family Court under Section 127 (1) of Cr.P.C. seeking for enhancement of the sum ordered originally by the Family Court as monthly maintenance in M.C.No.5 of 2005. In M.C. No.5 of 2005 the Family Court has fixed Rs.1,000/-per month as monthly maintenance payable to the 2nd respondent from 19.12.2002 onwards and declined the claim of the 1st respondent for monthly maintenance. Therefore, revision was filed by the 1st respondent as R.P.(FC) No. 293 of 2007 before this Court and this Court has modified the order by awarding Rs.1,000/-also as monthly maintenance payable to herself. M.C. No.23 of 2016 was filed by the respondents under Section 127 (1) Cr.P.C. seeking for modification of the maintenance amount stands awarded by the Family Court in the original M.C. Though maintenance stands ordered at the rate of Rs.1,000/-to each of the respondents, the revision petitioner defaulted payment after sometime.

2. In the counter statement filed in the M.C., the contention mainly taken by the revision petitioner was that he was

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