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2026 Supreme(Online)(Ker) 3347

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
MUHAMMED – Appellant
Versus
AYISHA – Respondent
MAT.APPEAL NO. 122 OF 2016|OP 211/2014|MC NO.178 OF 2014



Advocates:
For the Appellants/Petitioners: SRI.P.M.RAFIQ
For the Respondents: SRI.J.R.PREM NAVAZ, SRI.P.T.SHEEJISH

A reasonable maintenance award of ₹ 3,000/- is upheld; appeal for return of gold and money is dismissed.

Headnote:This judgment pertains to a matrimonial appeal where the appellant, husband, contests the Family Court's decision awarding maintenance of ₹ 3,000/- to the wife. The wife sought return of gold and money claimed to have been given as dowry, and an increase in maintenance due to financial need. The Family Court awarded maintenance but denied the claim for the return of gold and money. The court finds the maintenance award reasonable and declines to interfere. Resultantly, the appeal fails and is dismissed.

Table of Content
1. return of gold and maintenance claims initiated. (Para 1 , 2 , 3)
2. court confirms reasonable maintenance amount. (Para 5)
3. appeal's dismissal confirmed. (Para 6)

Sathish Ninan, J.

The original petition filed by the wife against the husband seeking return of gold and money, and for maintenance past and future, was decreed for the relief of maintenance alone. The husband is in appeal. There is no appeal by the wife.

2. The marriage between the parties was solemnized in the year 1980. According to the petitioner-wife at the time of marriage her parents provided her with 50 sovereigns of gold ornaments and ₹ 50,000/-. The same was entrusted with the respondent-husband. The parties fell apart. The petitioner claims return of gold and money. The petitioner also claimed ₹ 10,000/-

per month towards maintenance, past and future.

Mat. Appeal No.122 of 2016

3. The respondent denied the claim of the petitioner that at the time of marriage she had 50 sovereigns of gold ornaments and ₹ 50,000/-. It was contended that the petitioner's family did not have the financial capacity to provide so much quantity of gold and money. He also contended that the petitioner is not entitled to maintenance since she earns income by doing the job of a mid-

wife.

4. The Family Court negatived the claim for gold and money.

The court awarded maintenance at the rate of ₹ 3,000/-, both past and future.

5. We have heard learned counsel for the appellant and the respondent.

6. The claim for gold and money was negatived by the Family Court. The challenge in this appeal is only regarding the award of maintenance. The Family Court has awarded only an amount of ₹ 3,000/- towards maintenance. The learned counsel for the appellant could not bring to our notice any circumstance Mat. Appeal No.122 of 2016 negativing the entitlement of the wife for maintenance or that the amount is exorbitant. The award of maintenance at the rate of ₹ 3,000/- is only reasonable and warrants no interference.

Resultantly, the appeal fails and is dismissed.

Sd/-

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