P.M.UMMUL FAIZA Vs. K.T.EBRAHIM

JUDGEMENT

(1.) The appellant is the plaintiff in O.S.No.230 of 1996 on the file of the Subordinate Court, Thalassery, aggrieved by the judgment of the Additional District Judge, Adhoc-II, Thalassery in AS No.42 of 2022, affirming the dismissal of the suit filed claiming past maintenance and the educational expenses of the children. The plaintiff contended that the marriage between her and the defendant was solemnized as per Islamic tradition, and six children were born in wedlock. From 1993 onwards, the respondent/defendant became indifferent to her and refused to maintain her and her children. It is also contended that the defendant contracted a second marriage and started residing with the second wife. The plaintiff contends that the respondent is legally and morally bound to pay the children's past maintenance and educational expenses.

(2.) The defendant resisted the suit, contending that he was maintaining his wife and children from his income and that the plaintiff was getting substantial assistance from her children. The plaintiff was leading a luxurious life with his payment, and when his income was considerably reduced, the defendant was compelled to shift from his own residence to his sister's house. Since the defendant felt that his continuous stay in his sister's house may cause inconvenience to them, in order to have company, he married a lady who was suffering from a heart ailment. On the basis of the above evidence, the trial court raised issues as to whether the plaintiff was entitled to the suit amount as past maintenance from the defendant.

(3.) The plaintiff was examined as PW1 and the defendant as DW1. No documentary evidence was adduced.