IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 RPFC.No. 255 of 2007() ---------------------- MC.341/2006 of FAMILY COURT, PALAKKAD .................... REVISION PETITIONER(S)/PETITIONER: ------------------------------------------------------ N.A.SAIFUNNESSA, D/O.N.ABDULKHADER, 'BYTHUL SAIF', KAMBRATHUCHALLA, MUTHALANADA P.O., CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKETESH SRI.MANURAJ. K.J RESPONDENT(S): RESPONDENT/COUNTER PETITIONER: --------------------------------------------------------------------------------- K.MUHAMMED FASAL, S/O.N.KASIM, LYLA MANZIL, KOORKKANCHERY P.O., NEAR J.P.E.H.S., THRISSUR, NOW RESIDING AT PANAMUKKU, KANIMANGALAM VILLAGE, THRISSUR DISTRICT. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN,J. ============== R.P.(FC) No.255 OF 2007 ==================== Dated this the 14th day of January 2010. JUDGMENT This revision is preferred against the order of the Family Court, Palakkad in M.C.No.341/06. The matrimonial relationship is ruptured and the outcome is in the form of the maintenance case that too after 30 years of marriage and blessed with two sons. It is the case of the parties that they got married in 1972. The wife would contend that the husband is a drunkard, homo sexual, a cruel man and she cannot tolerate him and therefore she given a letter to sever all her connections with the man. On the other hand the husband would contend that he had been boiling and toiling hard for the welfare of the family when working in the hot sun light in Gulf countries and sent money to them and the wife was having immoral relationship with her sister's husband which gradually resulted in the strained relationship between the two. As one is aware there may not be any direct evidence regarding the immoral connections between a man and women for the reason that it is never done in public. It is only the circumstances that will prove such cases. That R.P.(FC) No.255 OF 2007 2 is why it is very well said that man may lie but circumstances will never lie. It is on this background one has to analyse the case. At the outset if there had been such a horrid intolerable life for the wife as alleged by her she would not have chosen to continue the matrimonial relationship for three decades. The husband admittedly was working abroad and was the source of the income for the wife and children to survive. It was not easy at an earlier point of time to come from Gulf country and go back as the facilities which are available now were not in existence at that time. A man who had gone abroad about two decades back may stay back there and can visit his house only once in two or three years. It was such a husband who had come and seen the wife and who had been sending the money to the wife for the livelihood. On the contra materials available clearly show that the brother-in-law of the husband namely the sister's husband was residing in the house and even when he published a religious book the address is shown as that of this house. The wife had taken the steps in 2003 to sever the connection with the husband. But still she remain unhampered for some more time to come forward with the petition for maintenance. The husband had sent communications to the R.P.(FC) No.255 OF 2007 3 mosque authorities to ventilate his grievances it has not been very fruitful. It is under these circumstance the learned Family Court Judge analysed and came to the conclusion that the wife has not succeeded in proving that she is living separately for a valid reason. Therefore the evidence available is not sufficient to hold in the specific backdrop regarding the alleged act of the husband. On the contra what was the necessity for the lady to purchase documents jointly with the brother-in-law of the husband that too not once, but twice and subsequently it is alleged that it is transferred to the son. So the brother in law of the husband had been in and around the residential premises of the lady for considerable number of years which naturally and ultimately would have given rise to suspicion to any husband. Therefore preponderance of probabilities when analysed would reveal that all is not well with the wife. The appreciation by the Family court cannot be found faulty. Therefore I find that there is no perversity , illegality and irregularity so as to interfere with the decision rendered by the Family Court. So the revision fails and same is dismissed. M.N.KRISHNAN,JUDGE. mns R.P.(FC) No.255 OF 2007 4