V.P ABDURAHIMAN Vs. C.SAFIYA

JUDGEMENT

(1.) This revision petition has been filed challenging the order passed by the Family Court, Malappuram, in MC No.270/2022 dtd. 4/7/2024.

(2.) The parties are Muslims governed by the Muslim Personal Law. The petitioner married the respondent on 9/5/1983 in accordance with Muslim customary rites. In the said wedlock, a girl child named Shabna was born. The marriage lasted only for three years. On 20/9/1986, the petitioner divorced the respondent by pronouncing talaq. On the next day itself, i.e. on 21/9/1986, the petitioner contracted a second marriage with Mrs. Asmabi. Four children were born in the said wedlock. On 4/4/1991, the respondent married Mr. Moideenkoya. According to the respondent, the marriage lasted only for one year. However, the dissolution of the marriage between the respondent and Mr. Moideenkoya is disputed by the petitioner. The second wife of the petitioner, Mrs. Asmabi, expired on 6/11/2020. According to the petitioner, after her death, he contracted a third marriage with Mrs. Kadeeja. The respondent filed a maintenance case against the petitioner, claiming maintenance invoking Sec. 125 of Cr.P.C. before the Family Court as MC No.270/2022, alleging that she remarried the petitioner on 27/4/2012 in accordance with the Muslim customary rites.

(3.) The petitioner resisted the maintenance case, mainly contending that there was no second marriage between him and the respondent as alleged. The petitioner has also denied the case of the respondent that her marriage with her second husband, Mr. Moideenkoya, was dissolved. According to the petitioner, since there was no marriage between him and the respondent on 27/4/2012 as alleged, he is not liable to provide maintenance to the respondent. However, the Family Court, after appreciation of evidence, repelled the said contention of the petitioner and granted maintenance to the respondent at the rate of Rs.6,000.00 per month from the date of the petition as per the impugned order.