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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
K.M.MATHEW KANDARAPPALLILAYA KALARIKKAL HOUSE, MEMURI KARA, MANJOOR VILLAGE, VAIKKOM TALUK – Appellant
Versus
JIJI MATHEW W/O.MATHEW, KANDARAPPALLILAYA KALARIKKAL HOUSE, MEMURI KARA, MANJOOR VILLAGE, VAIKKOM TALUK 686607 – Respondent
| Table of Content |
|---|
| 1. the necessity of maintaining welfare under domestic violence provisions. (Para 1 , 2 , 3) |
| 2. assessment of entitlement for maintenance based on domestic violence evidence. (Para 4 , 5) |
| 3. arguments regarding capability and proof of domestic violence. (Para 6 , 7) |
| 4. ruling on the determination of maintenance amount and its justification. (Para 8 , 9) |
| 5. conclusion on the dismissal of the petitions. (Para 10) |
O R D E R
Both these petitions arose out of M.C.No.54/2008 on the files of the Judicial First Class Magistrate Court-I, Vaikkom, a case under the Protection of Women from Domestic Violence Act, 2005 (in short, ‘Act’). The parties are hereinafter referred in their capacities as the petitioner and respondent, respectively, as they figure in the petition filed before the learned Magistrate under Section 12 of the Act.
2. The petitioner, who is the divorced wife of the respondent, approached the learned Magistrate seeking various reliefs for herself and her three children, from the respondent. The respondent was admittedly working in the USA since 1984 as an Accountant in a transport company there. The petitioner, who was having employment as a Nurse in Bombay, is sa
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