ISMAYIL Vs. FATHIMA

JUDGEMENT

(1.) How is the concept of maintenance to an unmarried adult daughter to be understood Does that conceptually include the obligation to meet the marriage expenses of an adult daughter Is the concept of maintenance payable by a Muslim father to his adult daughter to be understood differently These are the questions that arise for consideration in this Writ Petition.

(2.) Reference to the essential factual matrix may be relevant. The husband/father is the petitioner. His wife and daughter had filed O.P. No. 1603/09 before the Family Court, Thrissur, claiming past and future maintenance to them as also the prospective marriage expenses of the daughter. This petition was filed under Section 7 of the Family Courts Act. An amount of Rs. 1,20,000 towards past maintenance and maintenance at the rate of Rs. 3,000 per mensem for each towards future maintenance as also an amount of Rs. 10,00,000 as prospective marriage expenses of the adult major daughter aged 21 years were claimed.

(3.) Along with the said O.P. an application was filed for attachment of Rs. 50 cents of property belonging to the writ petitioner. That petition was allowed and attachment was effected. An application was filed by the petitioner for lifting the attachment. By the impugned order, the learned Judge rejected the application for lifting the attachment.