ARAGADAN Vs. HASHMI

JUDGEMENT

(1.) The following interesting questions arise for consideration in this matrimonial appeal:

(2.) The appellant is the father of the first respondent. The second respondent is the mother of the first respondent. The appellant and the second respondent married in the year 1987. It was an inter-religion marriage. The appellant is a Hindu and the second respondent is a Muslim. The first respondent was born in their wedlock on 24/12/1990. The materials on record would show that the first respondent was brought up as a Muslim.

(3.) The first respondent filed the original petition as OP No. 540/2010 at the Family Court, Nedumangad (for short, 'the Court below') against the appellant and the second respondent claiming past and future maintenance, educational and marriage expenses. The said original petition was filed invoking the provisions of Hindu Adoptions and Maintenance Act, 1956. The second respondent remained absent at the Court below. The appellant alone contested the matter. His liability to pay maintenance, educational and marriage expenses claimed was disputed. He inter alia contended that the petition invoking the provisions of Hindu Adoptions and Maintenance Act, 1956 is not maintainable.