PRABHAKARAN NAIR Vs. PREETHY P NAIR

JUDGEMENT

(1.) The appeal is filed by the father of respondent against the decree granted by the Family Court, Erakulam directing the appellant to give maintenance at the rate of Rs. 750/- to the respondent - daughter and to deposit Rs. 1,50,000/- for the purpose of her marriage. The history of this case depicts a sad state of affairs in a family.

(2.) The appellant - S. Prabhakaran Nair, while he was employed in Pune, married the respondent's mother, who was Christian by religion at the time of marriage. After the marriage, two children were born in the wedlock; one -daughter and son. His daughter is Preethy P. Nair, making his intention clear that his daughter should follow Hindu path of life. There is evidence in this case to show that the appellant underwent the marriage ceremony with the respondent's mother in the Guruvayoor Temple respecting the wishes of his mother. It is also come in evidence that the respondent was taken to a Temple for the purpose of initiation in 'Choroonu''. These facts are stated to show that the respondent, even though born of her Hindu father and Christian mother, was following the Hindu Religion. This fact becomes necessary in order to entitle the respondent to claim maintenance against his father, under S. 20(1) of the Hindu Adoptions and Maintenance Act.

(3.) The respondent contended that she was not being maintained by his father and that she, her mother and her brother were living in absolute poverty in a dilapidated building situated in the property belonging to the appellant. She had stated that even though she was educated (according to the appellant, she has passed Typewriting Higher), she has no job and her mother has no means to maintain her. Hence she has come forward with a petition against her father. The contention of th'e respondent is that the appellant is now living with another woman and hence, it is not possible to go and stay with the appellant. She has also prayed for marriage expenses.