JACOB KURUVILA Vs. MERLY JACOB

JUDGEMENT

(1.) Is a Christian husband in this State liable to maintain his wife? Can such obligation if any be enforced through the Family (Civil) Court? Does the dictum in Cheria Varkey v. Ouseph Thresia (1955 KLT 429 (F.B.)) deserve reconsideration? These questions inter alia are raised by the learned counsel Shri Philip Mathew forcefully in this appeal.

(2.) Rival contestants have come up before us with these appeals. Proceedings were initiated by the wife and minor child, aged 28 years and 7 years respectively on the date of the application, claiming return of money, ornaments and maintenance from their husband/father and his father. The parties are referred to in this judgment as the claimants and the respondents respectively.

(3.) The marriage between the spouses admittedly took place on 21.8.1994. This proceedings was initiated in2001. It was initiated before the Sub Court, Thiruvalla and the same was later transferred to the Family Court, Thiruvalla after its constitution. During the pendency of the appeal, an ex parte decree for divorce was obtained by the respondent-husband.