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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, SHOBA ANNAMMA EAPEN, JJ
MUHAMMEED FAZIL – Appellant
Versus
RASVANA – Respondent
| Table of Content |
|---|
| 1. issues regarding talaq and maintenance. (Para 1) |
| 2. facts establishing the wife's claims for maintenance and return of property. (Para 2 , 3 , 4 , 20) |
| 3. court's observations on talaq validity and mediation requirement. (Para 5 , 11) |
| 4. legal findings supporting maintenance claims and jurisdiction of family court. (Para 10 , 12 , 14) |
| 5. final ruling on the petitions. (Para 19 , 21) |
JUDGMENT
SHOBA ANNAMMA EAPEN, J.
In the light of the Muslim Women (Protection of Rights on Divorce) Act, 1986 whether a divorced muslim wife is entitled for maintenance under Section 125 of the Code of Criminal Procedure (Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and whether “talaq” without attempting for a reconciliation between the parties is valid, are the main issues raised before us for consideration.
2. The above appeal and the revision petition arise from the common order dated 31.10.2016 in OP No.1178 of 2014 and MC No.367 of 2014 on the files of the Family Court, Thrissur. Since the parties and the cause of action are the same, the above cases are heard together and being disposed of by this judgment.
3. For sake of convenience, the parties are referred to as, “hus
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