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2021 Supreme(Ker) 964

A.MUHAMED MUSTAQUE, KAUSER EDAPPAGATH
J. W. Aragadan – Appellant
Versus
Hashmi N. S. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Nirmal. S., Adv.
For the Respondent: Sri.G.Ranju Mohan, Smt. K.V.Samudra, Smt.M.Santhi K, Advs.

JUDGMENT :

Kauser Edappagath, J.

The following interesting questions arise for consideration in this matrimonial appeal:

    (i) Does father of a child born out of an inter–faith marriage have legal obligation to maintain it in the absence of a statutory stipulation?

(ii) Is unmarried daughter born to an inter–faith couple entitled to marriage expenses from her father?

(iii) If yes, how would the quantum be determined?

2. The appellant is the father of the first respondent. The second respondent is the mother of the first respondent. The appellant and the second respondent married in the year 1987. It was an inter–religion marriage. The appellant is a Hindu and the second respondent is a Muslim. The first respondent was born in their wedlock on 24/12/1990. The materials on record would show that the first respondent was brought up as a Muslim.

3. The first respondent filed the original petition as OP No.540/2010 at the Family Court, Nedumangad (for short, 'the Court below') against the appellant and the second respondent claiming past and future maintenance, educational and marriage expenses. The said original petition was filed invoking the provisions of Hindu Adoptions and Maintenance Act,

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