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HIGH COURT OF KERALA
Kauser Edappagath, J
ASHIK P – Appellant
Versus
SHAHNA SHERIN, MUHAMMAD AYAN – Respondent
| Table of Content |
|---|
| 1. challenge to interim maintenance order under section 125. (Para 1 , 2) |
| 2. court's obligation on maintenance based on income. (Para 3 , 4) |
| 3. necessity of filing affidavits in maintenance cases. (Para 5) |
JUDGMENT
This original petition has been filed challenging the interim order of maintenance passed by the Family Court, Ottapalam.
2. The petitioner is the husband of the 1st respondent and the father of the 2nd respondent. The 1st respondent filed MC No.8/2024 before the Family Court, Ottapalam under Section 125 of Cr.P.C/144 of the BNSS,2023. The respondents also filed a petition for interim maintenance. The Family Court granted interim maintenance at the rate of ₹5,000/- each per month to the respondents. It is challenging the said order, this original petition has been filed.
3. I have heard both sides.
4. The marriage and paternity are not in dispute.
The petitioner being the legally wedded husband of the 1st respondent and the father of the 2nd respondent is legally and morally bound to maintain them. The petitioner does not have a case that the 1st respondent is having any job or source of income. According to the petitioner, he is a coolie and gets only ₹700/- p
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