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2025 Supreme(Online)(Ker) 53518

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MUHAMMED ASHRAF – Appellant
Versus
SEENATH C. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.C.MUHAMMED NOUSHIQ
For the Respondents: SRI.T.R.RAJESH

O R D E R

This revision petition has been filed challenging the order passed by the Family Court, Kalpetta, in M.C. No.89/2017 under Section 125 (1) of Cr.P.C.

2. The petitioner is the husband of the first respondent and the father of respondents 2 and 3. The respondents filed the maintenance case against the petitioner before the Family Court claiming maintenance. The Family Court granted monthly maintenance at the rate of Rs.3,500/- to the first respondent and Rs.3,000/- each to respondents 2 and 3. It is challenging the said order that this revision petition has been filed.

3. I have heard Sri.Muhammed Noushiq P.C., the learned counsel for the petitioner, and Sri.T.R. Rajesh, the learned counsel for the respondents.

4. The petitioner does not have any case that the first respondent is employed or has any source of income. The learned counsel for the petitioner relying on Ext.D6 disability certificate argued that the petitioner is suffering from mental disability and hence he is not in a position to do any work.

5. Ext.D6 only shows that the petitioner is suffering from bipolar affective disorder and he has a temporary disability of 40%. However, the petitioner did not choose to ex

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