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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHEREEFA MUNVARA – Appellant
Versus
MUHAMMED KABEER – Respondent
| Table of Content |
|---|
| 1. challenge to the family court's decision on maintenance. (Para 1 , 2 , 3) |
| 2. arguments regarding the validity of the maintenance agreement. (Para 4 , 5 , 6 , 7) |
| 3. court's observation on personal law obligations. (Para 8) |
| 4. maintenance rights under section 125 of cr.p.c. affirmed. (Para 9 , 10 , 11) |
| 5. final verdict to reconsider the maintenance claim and amounts. (Para 12 , 13 , 14) |
ORDER
The order of the Family Court declining the prayer for maintenance by a divorced Muslim woman under Section 125 of Cr.P.C on the ground that the husband has discharged his obligation under personal law is the main challenge in this revision petition.
2. The 1st petitioner was the wife of the respondent. Their marriage was solemnised on 31.01.2010 as per the Muslim customary rites. The 2nd petitioner is the daughter born in the said wedlock. The respondent divorced the 1st petitioner on 03.07.2010 by pronouncing talaq. The 1st petitioner, represented by her father, and the respondent entered Ext.D1 agreement on the same day, stipulating the post-divorce rights. In the said agreement, it was recited that 1st petitioner received a sum of Rs.1,00,000/- towards matah and Rs.25,000/- tow
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