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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, MOHAMMED NIAS C.P., JJ
A. Sajani – Appellant
Versus
Dr. B. Kalam Pasha – Respondent
| Table of Content |
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| 1. validity of talaq must comply with reconciliation and legal considerations. (Para 1 , 2 , 3) |
| 2. the respondent's allegations and reconciliation attempts were reviewed. (Para 4 , 5) |
| 3. the court emphasized the legal framework governing talaq and maintenance. (Para 6 , 7 , 8 , 9) |
| 4. final ruling dismissed the appeal, recognizing validity of talaq and rights to maintenance. (Para 10 , 11 , 12 , 13) |
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 aforementione
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