UNNEEN Vs. SHOUKATHALI

JUDGEMENT

(1.) This is an unfortunate case where a hapless septuagenarian who was neglected and ignored by his welloff male children was constrained to knock on the door of the Court seeking maintenance for his sustenance. The children resisted the claim, mainly contending that the father was able to maintain himself. The Family Court, on a wrong understanding of the law and misappreciation of facts, rejected the claim, only to drag the poor father to this Court in the evening of his life.

(2.) The petitioner, now aged 74 years, is the father of the respondents who were born to his first wife. The petitioner divorced his first wife in the year 2013 by pronouncing talaq alleging illicit relationship with his brother. He married his second wife in 2014 and now resides with her. The respondents are well-employed in Kuwait. They are admittedly not on good terms with the petitioner. The petitioner filed M.C.No. 406 of 2018 before the Family Court, Tirur, under Sec. 125 of Cr.P.C., against the respondents, claiming maintenance on the ground that he is unable to maintain himself. The Family Court dismissed the maintenance case as per the order dtd. 27/9/2023, holding that the petitioner has his own income to maintain himself. This revision petition has been filed challenging the said order.

(3.) I have heard the learned counsel for the petitioner. Even though notice has been served on the respondents, there is no appearance.