K.SUNIL BABU Vs. MARIYA V.JOY

JUDGEMENT

(1.) Petitioner in O.P.(FC) No.1675/2013 is the husband and the petitioner in O.P.(FC) No.1699 is the wife. Both of them are challenging the order of the Family Court, Thrissur in I.A. No.1798/2012 in O.P. No.880/211. For convenience, we shall refer to the parties as husband and wife and refer to the facts pleaded and documents produced in O.P. No.1699/2013 filed by the wife.

(2.) O.P. No.880/2011 was filed by the husband seeking a decree for the dissolution of the marriage on the ground that the wife is suffering from unsoundness of mind of incurable nature. In that O.P. the wife filed I.A.No.1798/2012, a copy of which is produced as Ext.P1, under section 36 of the Indian Divorce Act, 1869 (hereinafter referred to as 'Act' for short) claiming alimony of Rs.10,000/- for herself and Rs.7,500/- for the male child.

(3.) Ext.P2 is the counter statement filed by the husband where he denied the claims of the wife and also disputed his liability to pay alimony and the litigation expenses. On Ext.P1 application, the Family Court passed Ext.P3 order and directed payment at the rate of Rs.2,500/- per month to the child and declined the claim of the wife for alimony and litigation expenses. That order was challenged by both sides in O.P.(FC) Nos.2872 and No.3094 of 2012. By Ext.P5 judgment a Division Bench of this Court disposed of the petitions as follows:-