LAWS(KER)-2019-1-59

JAYAN Vs. ATHIRA

Decided On January 15, 2019
JAYAN Appellant
V/S
ATHIRA Respondents

JUDGEMENT

(1.) Appellant in this appeal is the respondent in O.P.1994/2015 on the file of the Family Court, Thrissur. The sole respondent in this appeal, who is the wife of the appellant, filed the O.P. before the Family Court seeking to recover past and future maintenance, from the date of her desertion. The lower court decreed the original petition awarding to her the arrears of past maintenance at the rate of Rs.3,000/- per month from the date of desertion, till the date of institution of original O.P. She was also awarded future maintenance at the rate of Rs.5,000/- for the subsequent period.

(2.) There was also a connected case, O.P. 124/2014, filed by the respondent herein seeking to recover her gold ornaments and patrimony alleged to have been entrusted with parents of the appellant. After joint trial of both the O.Ps by the impugned common judgment dated 15.5.2018, the Family Court decreed the claim of respondent for maintenance and dismissed her claim for recovery of gold and patrimony. Against the dismissal of O.P.124/2014, she has not chosen to file any appeal, but only allowed it to become final. The appellant, being aggrieved by the decree awarding maintenance, has filed this appeal.

(3.) Though notice to respondent was served in this appeal, she did not appeared and contested the proceeding.