SHAMMY SHABEER Vs. KHAIRUNNEESSA

JUDGEMENT

(1.) MAT . Appeal Nos.38/2010, 39/2010 and O.P.(FC)136/2012 are filed against the orders passed by the Family Court, Malappuram in O.P.Nos.561/2009, 501/2009 and M.C.No.609/2009 respectively.

(2.) O .P.No.561/2009 was filed by the wife for past maintenance at the rate of Rs. 40,000/ - per month for a period of 11 months and by the impugned order, the Family Court granted past maintenance of Rs.2,06,250/ - by allowing monthly past maintenance of Rs.18,750/ - per month. This order is the subject matter of Mat. Appeal No.38/2010.

(3.) INSOFAR as M.C.No.609/2009 is concerned, based on its findings in the order in O.P.No.561/2009, as against the claim of Rs.40,000/ - per month towards future maintenance, the wife was allowed maintenance at the rate of Rs.18,750/ - per month. That order was set aside by this Court in the order in R.P.(FC)No.44/2010 and the case was remanded to the Family Court for fresh consideration on the basis that the conditions imposed by this Court were not complied with and that the husband remained absent, the Family Court passed an ex parte order dated 3.5.2010 allowing the maintenance at the rate originally granted by it. Later, the husband filed Crl.M.P.No.164/2012 to set aside the ex parte order dated 3.5.2010 and that application was rejected by the Family Court by its order dated 17.4.2012. It is aggrieved by the aforesaid order, the R.P.(FC) is filed.