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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Vappinu, S/o. Ammunni – Appellant
Versus
Fathima, W/o. Vappinu – Respondent
| Table of Content |
|---|
| 1. maintenance claim by the wife against husband. (Para 3 , 4 , 6) |
| 2. arguments regarding husband's means and obligations. (Para 7 , 8 , 9 , 12) |
| 3. rights of wives under section 125 even when living separately. (Para 10 , 13) |
| 4. legal obligations under polygamy and maintenance. (Para 11) |
ORDER :
KAUSER EDAPPAGATH, J.
These revision petitions are connected and are disposed of by a common order.
2. R.P (F.C) No.398 of 2018 has been filed challenging the order passed by the Family Court, Thrissur, in M.C.No.89 of 2016. R.P (F.C) No.366 of 2024 has been filed challenging the order passed by the Family Court, Kunnamkulam, in M.C.No.203 of 2023.
3. M.C. No.89 of 2016 has been filed by the wife, Fathima, against her husband, Muhammed Vappinu. The Family Court, after trial, granted maintenance to the wife @Rs. 5,000/- per month as per the order dated 03.04.2018. The said order is under challenge in R.P. (F.C.) No. 398 of 2018.
4. M.C. No.203 of 2023 has been filed by the respondent in M.C.No.89 of 2016, Muhammed Vappinu, against his son, Vasif Muhammed. The Family Court dismissed the case as per the order dated 29.05.2024. The said order is under challenge in R.P. (F.C.) No. 366 of
A Muslim wife can claim maintenance even if living separately due to her husband's second marriage, which constitutes sufficient reason under Section 125(4) of Cr.P.C.
A wife can claim maintenance despite living separately if valid reasons exist, such as a husband's second marriage.
A husband must prove genuine inability to maintain family; onus lies on him, given his earning capacity. Maintenance for wife is contingent on her ability to sustain her prior standard of living.
The court emphasized that a husband must prove his inability to maintain his family, and failure to disclose income leads to an adverse inference, reinforcing the statutory right to maintenance.
A wife's capability to earn does not disqualify her from claiming maintenance, as the husband's obligation is upheld under social justice principles.
A wife can claim maintenance despite earning, and an unmarried daughter is entitled to maintenance until marriage, irrespective of majority status.
(1) Maintenance – Unmarried major Hindu daughter can claim maintenance from her father – However, unmarried Christian daughter who has attained majority is not entitled to claim maintenance from her ....
A wife must provide justifiable reasons for living separately to claim maintenance under Cr.P.C. Section 125.
Maintenance – Educated Wife unable to maintain herself - Though a person may have eligibility to be appointed in a post in any public office or may have a good educational qualification, but still, h....
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