HAMZA S/O. MOHAMMEDKUTTY Vs. ASIYA

JUDGEMENT

(1.) THIS appeal is directed against an order passed by the Family Court, Manjeri directing the appellant to pay amounts to the respondent, his wife.

(2.) MARRIAGE is admitted. The respondent -wife in the petition filed by her claimed past maintenance as also future maintenance. She further claimed return of 28 sovereigns of gold ornaments belonging to her and in the alternative to pay to her the present value of such ornaments. She further contended that an amount of Rs. 40,000/ - which was entrusted to her husband and which was misappropriated by him is also liable to be returned.

(3.) THE learned Judge of the Family Court, in these circumstances set the appellant ex parte. The respondent/claimant filed an affidavit to substantiate her claim. Accepting the averments in the affidavit filed by the respondent, the learned Judge of the Family Court proceeded to pass the impugned order. Past maintenance was directed to be paid at the rate of Rs. 2,000/ - per mensem (total amount Rs. 72,000/ - i.e.; 2,000 x 12 x 3). Future maintenance was directed to be paid at the rate of Rs. 3,000/ - per mensem. The appellant was further directed to repay an amount of Rs. 40,000/ -, which he had allegedly misappropriated. There was also a direction to pay interest at the rate of 6% per annum from the date of the petition till the date of realisation. The claimant was also held entitled to cost of the proceedings.