NYSHA S/O SEKHARAN Vs. P SURESH BABU

JUDGEMENT

(1.) This appeal is filed by the petitioners in O.P.No.1196/2010 of the Family Court, Kozhikode. The Original Petition has been filed by the 1st petitioner wife and minor children against her husband, the 1st respondent and a third party purchaser alleging that the sale deed executed by the 1st respondent in favour of the 2nd respondent is null and void. According to the petitioners, maintenance has been ordered in their favour, but the arrears of maintenance has not been paid. When the arrear amount became pending, the property was transferred by the 1st respondent to 2nd respondent to defraud the payment and hence the petitioners sought for the reliefs. The respondents denied the allegations. According to them, the sale had been conducted to clear off a debt and the property was purchased by his brother, the 2nd respondent, after paying valuable consideration. The Family Court after considering the materials placed on record, especially the oral testimony of PW1 and PW2, RW1 and RW2, and the documents produced as Exts.A1 to A11 and Exts.B1 to A15, dismissed the petition.

(2.) The Family Court found that insofar as the property had been sold for valid consideration, it cannot be treated as a sham document.

(3.) When the above matter came up for hearing, we called upon the 1st respondent to file an affidavit to indicate as to whether he had paid off the entire arrears. The 1st respondent had filed an affidavit, inter alia, stating that he had paid entire arrears, except for the period from 22.11.2007 to 20.07.2010 (wrongly recorded as 2019) and a further amount of Rs.14,000/- which is directed to be paid from 06.12.2017 to 05.08.2018. All other amounts have been paid and he is regularly paying the maintenance amount.