HARRISH Vs. AABIDA D/O ABDUL RAHIMAN

JUDGEMENT

(1.) The Mat. Appeal No.1032/2016 and the Revision Petition (Family Court) No.234/2016 were respectively filed by the 1st respondent in O.P.No.831/2013, who is the husband of Aabida and father of two minor sons and the sole respondent in M.C No.406/2013 challenging the common judgment dated 26.03.2016 passed by the Family Court, Thrissur.

(2.) The appellant married Abida on 7.9.2000. She is the sole petitioner in OP No.831/2013 and the 1st petitioner in M.C.No.406/2013. Two minor sons born to her out of the wedlock are petitioners 2 and 3 in the M.C petition filed claiming monthly maintenance from appellant under Section 125 of Code of Criminal Procedure. She filed O.P.No.831/2013 against the appellant - husband, his mother and two sisters, who are respondents 4 to 6 in this appeal, for a decree returning her gold ornaments, money, value of house hold utensils and past maintenance herself and two minor sons.

(3.) O.P No.831/2013 was decreed only in part allowing the 1st respondent in appeal to recover value of a portion of the gold ornaments claimed from the appellant as allegedly misappropriated by him. Past maintenance claimed was also granted to her and two children under the impugned common judgment. No decree was however passed for a few of the reliefs claimed by her and therefore those reliefs must be deemed to have been declined. The original petitioner the wife, did not file any appeal challenging the decree refusing those reliefs. Respondents 1 to 3 in the Mat. Appeal and the Revision Petitioner are the wife and the minor sons of the appellant. Neither the marriage nor relationship between the parties is disputed either in the pleadings or evidence.