MUHAMMED DAVOOD Vs. HAFSATH

JUDGEMENT

(1.) This appeal is directed against an order passed by the Family Court directing the appellants to pay a total amount of Rs. 5,70,000/- along with interest to the respondents herein/claimants. Claimant No. 1 is the divorced wife of the first appellant. Second appellant is the mother of the first appellant. Second claimant is the father of the first claimant.

(2.) On fundamental facts, there is no dispute. The marriage took place on 26-8-1998. On the wife's application, the marriage was dissolved by order dated 27-12-2004. The parties had commenced separate residence even earlier with effect from 10-8-2001. The O.P. was filed before the Family Court, Manjeri on 31-1-2005. The Family Court, Manjeri was established in the year 2000.

(3.) Prior to the filing of the present O.P. a suit was filed by the claimants against the appellants herein praying for identical reliefs. That suit was filed on 1-11-2001. The suit was pending before the Subordinate Judge, Tirur for a long period of time. Ultimately, it was withdrawn on the application of the claimants after securing the requisite leave of the Court to institute a fresh proceedings on the same cause of action. That order permitting withdrawal was passed on 6-10-2004. It is thereafter that O.P. No. 58/05 was filed on 31-1-2005.