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2023 Supreme(Ker) 507

V. G. ARUN
Abdul Mujeeb, S/o. P. K. Hassan – Appellant
Versus
Suja, W/o. Abdul Mujeeb – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.MADHU, C.R.SARADAMANI, SHAHID AZEEZ, B.K.RAJAGOPAL, RENJISH S. MENON
For the Respondent: V.BEENA, S.NAUSHAD, M.THAHA

JUDGMENT :

The petitioner's wife and children, respondents 1 to 4 herein, had approached the Family Court, Mavelikkara by filing MC No.42 of 2016 claiming maintenance allowance under Section 125 of Cr.P.C. As the petitioner failed to appear despite issuance of notice, he was set ex parte and the maintenance case decided as per order dated 30/08/2016, directing the petitioner to pay maintenance allowance at the rate of Rs.4,000/-to each claimant with effect from 16.04.2016.

2. The petitioner having failed to pay maintenance in terms of the order, respondents 1 to 4 filed CMP No.142 of 2019 claiming a total amount of Rs.1,20,000/-towards arrears of maintenance for the period from 30.01.2019 to 30.10.2019. The petitioner filed an `objection to the execution petition contending that, as against the claim for Rs.1,20,000/-, he has already paid an amount of Rs.2,68,607/-. The court below after hearing the parties, dismissed CMP No.142 of 2019, finding that the petitioner had paid Rs.1,15,152/-to the account of the second respondent, which along with other payments made towards education fees and expenses of respondents 2 to 4 totaled Rs.2,68,607/-.

3. On dismissal of CMP No.142 of 2019, res

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