BIBITHA FELIX Vs. FELIX MIRANDA

JUDGEMENT

(1.) The appeal has been filed by the daughters of the respondents challenging judgment dated 31/3/2010 in OP No.245/2008 of the Family Court, Thiruvananthapuram. The appellants filed the Original Petition seeking past and future maintenance, educational expenses for the 2 nd petitioner and marriage expenses for the first petitioner and for other incidental reliefs. The Family Court partly decreed the petition directing the 1st respondent to pay maintenance to the 2 nd petitioner at the rate of Rs.5,000/- per month from 3/3/2008 until she obtains employment or any other independent source of income or till she gets married, whichever is earlier. Other claims made by the petitioners were dismissed.

(2.) The short facts of the case are as under. Petitioners/appellants are the daughters of the first and second respondent. The marriage between the respondents were dissolved by mutual consent as per order in OP No.823/2006. According to the petitioners, after divorce, 1 st respondent contracted a second marriage and thereafter he did not care to maintain the petitioners. He is a person having financial capacity to meet their expenditure and accordingly 1st petitioner sought for recovery of Rs.15 lakhs towards the marriage expenses and the 2nd petitioner sought for Rs.20,000/- per month as educational expenses including hostel expenses. 2nd petitioner contended that she is undergoing a course in Bio Technology at Indian Academy. She had completed 3rd semester. She has 3 more semesters to complete. The total amount to be spent for completing the said course will come to Rs.7,50,000/-, which the 1st respondent is liable to pay. It is contended that the first respondent who is employed abroad draws a salary of more than Rs.2 lakhs per month. They also sought for past maintenance from September, 2006 onwards. The OP was later amended claiming further amounts regarding the expenditure for completing the studies.

(3.) The 1st respondent inter alia contended that the OP has been filed in collusion with the 2 nd respondent. He however submitted that he has got the obligation to maintain his children with his financial capacity. He denied having contracted a second marriage. He denied having drawn a salary of Rs.2 lakhs. According to him, he was only getting 1,500 UAE Dirhams per month as salary. He further submitted that he had purchased several sovereigns of gold ornaments for his wife from the savings and all his money which had been sent to her had been appropriated. That apart, after the birth of the third child, the 2 nd respondent continued her studies and had obtained a Doctorate in Sidha Medicine. She started a clinic at Sasthamangalam and is having a private business. She is a super-tax payee and has immense resource. He further submitted that he was without job for five years. With the money sent by him, 2nd respondent had purchased 15 cents of land and he had constructed a building in the property. The rent of the building is being collected by the 2 nd respondent. He only has one half right over the said property. He does not have any place to stay. Further, he contended that he is left with no assets. However, he has spent an amount of 2,39,000/- for the education of 2 nd petitioner. She was also given 40 sovereigns of gold ornaments. With regard to marriage of the first petitioner, he submitted that he was not informed about the marriage. He had come to know about the marriage later. It was not a ceremonial marriage as the first petitioner chose her own partner and registered the marriage before the Sub Registrar office. The marriage expenses will be less than Rs.1,000/-. He was also not informed about the studies undertaken by the 2 nd petitioner. The 1st respondent is completing 60 years of age on 2/3/2010. With his limited income, he is unable to cop with his own life and therefore he sought for dismissal of the petition.