RABIYA AND ORS. Vs. VELIKKATHUPARAMBIL SALIM AND ORS.

JUDGEMENT

(1.) IT is an unfortunate situation wherein a poor woman, who is the 1st petitioner herein, was given in marriage to the 1st respondent herein at the auspicious of a so -called Mahallu Committee of which RW 1 was the Secretary. A piece of property in which the residential building, wherein the petitioners are residing, was allotted to her by her parents in the joint names of the 1st petitioner and the 1st respondent. Two children were born in the wedlock and presently, the children are aged 15 and 13 respectively.

(2.) THE petitioners were thrown out and the 1st respondent went in search of other women. It seems that he has married another poor Muslim woman with whom he is presently residing. A child has been born in that relationship also.

(3.) WHEN the 1st respondent has abandoned the petitioners, they have approached the court below seeking maintenance. The court below has taken the view that the 1st petitioner is a divorced Muslim woman and, therefore, she is not entitled to separate maintenance. Unfortunately, the court below has approved Ext. X1 without going into the evidence properly. The court below has thrown out the claims of the 1st petitioner mercilessly and has ordered an amount of Rs. 300/ - per month as maintenance to the two children, who are petitioners 2 and 3. It seems that the court below has not applied mind to the stark reality that two children, who were then aged 10 and 8 respectively, could not pull on with an amount of Rs. 300/ - per month. After refusing the claim of the 1st petitioner, the court below has ordered maintenance to be paid by the 1st respondent at the rate of Rs. 300/ - per month.