Case Analysis
National law Institute University Bhopal
Project on Family Law-I
Topic: Analysis of “Aysha v. Ozir Hassan”
(2013) 5 MLJ 31
Justice C.S. Karnan Submitted by: Richa Arya 2012 BA.LLB. 30
Table of Contents
Contents
Facts
The petitioner filed a maintenance Case in M.C. No. 64 of 2000, on the file of Family Court, Coimbatore, against her husband and claimed a monthly maintenance of a sum of Rs. 5,000/- per month for her two minor children and herself.
The first petitioner stated that the respondent herein had married her on 16.09.1994 as per Muslim Customs. After the marriage both had led their marital life at Coimbatore. Out of wedlock, she gave birth to two female children on 23.12.1996 and 01.01.1999 respectively.
In the year 1999, the respondent/husband left the house and deserted the first petitioner/wife and second and third petitioners/children.
Mediation was conducted by the panchayat for a reunion which was in vain.
The respondent/husband is manufacturing and selling footwear in the name and style of "Ozir Hassinin Nazma" at Coimbatore and earning Rs. 25,000/- per month. Hence, the maintenance case has been filed by the first petitioner/wife against the respondent/husband.
The respondent/husband had filed a counter statement and resisted the maintenance case.
The respondent stated that the first petitioner is not his wife and she is aged about 35 years and a lady of dubious character and has denied the marriage.
Any marriage conducted by the Muslim Customs should be recorded in the Nikha book as per Muslim Customs and maintained by the concerned mosque.
The respondent/husband had also denied that the children are born through him.
The respondent stated that the petitioner is a working woman and is earning Rs. 3,000/- per month. The
Project on Family Law-I
Topic: Analysis of “Aysha v. Ozir Hassan”
(2013) 5 MLJ 31
Justice C.S. Karnan Submitted by: Richa Arya 2012 BA.LLB. 30
Table of Contents
Contents
Facts
The petitioner filed a maintenance Case in M.C. No. 64 of 2000, on the file of Family Court, Coimbatore, against her husband and claimed a monthly maintenance of a sum of Rs. 5,000/- per month for her two minor children and herself.
The first petitioner stated that the respondent herein had married her on 16.09.1994 as per Muslim Customs. After the marriage both had led their marital life at Coimbatore. Out of wedlock, she gave birth to two female children on 23.12.1996 and 01.01.1999 respectively.
In the year 1999, the respondent/husband left the house and deserted the first petitioner/wife and second and third petitioners/children.
Mediation was conducted by the panchayat for a reunion which was in vain.
The respondent/husband is manufacturing and selling footwear in the name and style of "Ozir Hassinin Nazma" at Coimbatore and earning Rs. 25,000/- per month. Hence, the maintenance case has been filed by the first petitioner/wife against the respondent/husband.
The respondent/husband had filed a counter statement and resisted the maintenance case.
The respondent stated that the first petitioner is not his wife and she is aged about 35 years and a lady of dubious character and has denied the marriage.
Any marriage conducted by the Muslim Customs should be recorded in the Nikha book as per Muslim Customs and maintained by the concerned mosque.
The respondent/husband had also denied that the children are born through him.
The respondent stated that the petitioner is a working woman and is earning Rs. 3,000/- per month. The