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2021 Supreme(Ker) 704

A.K.JAYASANKARAN NAMBIAR, MOHAMMED NIAS C.P.
A. Sajani, W/o. Dr. B. Kalam Pasha – Appellant
Versus
B. Kalam Pasha, S/o Badushah – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SMT.A. SAJANI, SMT.M.VANAJA
For the Respondent: SRI.BABU KARUKAPADATH, SRI. T.KRISHNANUNNI (SR.), SRI.P.U.VINOD KUMAR, SRI.ARYA RAGHUNATH, SMT.M.A.VAHEEDA BABU, SMT.VAISAKHI V., SRI.T.M.MUHAMMED MUSTHAQ, SRI.KARUKAPADATH WAZIM BABU

JUDGMENT :

A.K. Jayasankaran Nambiar, J.

These MAT Appeals arise from a common judgment dated 15.02.2021 of the Family Court Ernakulam in O.P.Nos.675/2019, 2662/2019 and M.C.No. 297/2019. The OP’s and MC were preferred by Smt. A.Sajani against her husband Dr. B. Kalam Pasha, a serving judicial officer in the State of Kerala. While the prayer in the OP’s were for a declaration that the talaq pronounced against her by her husband was void and invalid, and for a consequential decree for restitution of conjugal rights, the prayer in the MC was for maintenance in terms of Section 125 of the Code of Criminal Procedure [hereinafter referred to as the 'Cr.PC'] on the premise that the marriage continued to subsist in the eyes of law. The court below, by the common judgment aforementioned, dismissed the OP’s and consequently the MC as well. While the two appeals preferred by the appellant before us are against the common judgment of the Family Court in the OP’s mentioned above, for reasons best known to the appellant, no appeal/revision has been carried against the common judgment insofar as it dismisses the MC filed for maintenance.

Proceedings before the court below:

2. The case pleaded by the

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