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2021 Supreme(Ker) 134

MARY JOSEPH
P. K. Sivadasan – Appellant
Versus
Jainy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Subal J. Paul, Smt.Sheeba Thomas, Smt.Joicee Biji Joseph, Advs.
For the Respondent: Sri. S. Sachidananda Pai, Adv.

ORDER :

The revision on hand is filed against an order passed by Family Court, Ernakulam on 08.07.2019 in M.C. No.371 of 2017. The revision petitioner is the respondent in the M.C.

2. M.C. was filed under Section 125 Cr.P.C seeking for monthly maintenance allowance at the rate of Rs.15,000/- to the wife and Rs.10,000/- to the daughter. The Family Court has allowed the M.C and awarded monthly maintenance allowance as claimed by the petitioners. Seeking for a reversal of the order for the reasons that a valid marriage was not solemnised among the revision petitioner and the 1st respondent and that the 2nd respondent, a major, failed to establish exceptional circumstances which enable her to get maintenance allowance, under clause (c) of Sub Section (1) of Section 125 Cr.P.C.

3. The facts of the case in brief are summarised here-in-below :

For the sake of clarity, the parties to this revision will hereinafter be referred to as the respondent and the petitioners in accordance with their status in the M.C. The respondent married the 1st petitioner on 28.04.1996 and the 2nd petitioner was born in the wedlock on 09.05.1997. The 2nd petitioner was doing final year degree course at St.Albert's

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