IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
JAYAPRAKASH E. P S/o. LATE PADMANABHAN NAIR – Appellant
Versus
SHENEY P D/o. ACHUTAN NAIR – Respondent
ORDER
Both these Revision Petitions have been filed challenging the order passed by the Family Court, Pathanamthitta in M.C.ÂNo.89/2018 dated 25/10/2023.
2. The 1st petitioner in the maintenance case before the Family Court is the legally wedded wife (hereinafter, wife) of the respondent therein (hereinafter, husband). Two children were born out of their wedlock. The 2 nd petitioner therein is the elder daughter. The wife and husband have been at loggerheads for many years. They are living separately. There are a series of litigations between them. The elder daughter is living with the wife, while the younger daughter is living with the husband. The wife and the elder daughter filed a maintenance case against the husband, claiming maintenance @ `45,000/- each per month. They alleged that they have no job or source of income and are unable to maintain themselves. They further alleged that the husband is working in the Merchant Navy and earns `9,00,000/- per month. The husband resisted the maintenance case. He filed a counterstatement. He raised a specific contention that the wife is working as a clerk in Matsyafed and is able to maintain herself. He further contended that the elde
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A wife can claim maintenance despite earning, and an unmarried daughter is entitled to maintenance until marriage, irrespective of majority status.
Unmarried daughters are entitled to maintenance from their father even after attaining majority if unable to support themselves, as per Hindu Adoptions and Maintenance Act.
The judgment emphasizes the duty to prevent destitution and vagrancy, the need for evidence to establish income, and the balancing of interests and financial capacity in determining maintenance under....
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
The applicant seeking for the relief under a particular provision must plead and establish that the exceptional circumstances which entitles her to claim monthly maintenance allowance, exist in his/h....
A daughter who has attained majority is not entitled to maintenance under Section 125 Cr.P.C. unless she is unable to maintain herself due to physical or mental abnormality.
The duty of the husband to maintain his wife and the criteria for determining the quantum of maintenance under Section 125 Cr.P.C.
The judgment reinforces the principle that a husband has a legal obligation to maintain his wife, reflecting her needs and his financial capacity.
The court reaffirmed that an able-bodied husband has a legal duty to maintain his wife and children, and maintenance should be based on actual income capacity.
A father is liable to maintain his unmarried daughter only until she attains majority unless she proves inability to maintain herself due to physical or mental disability, per Section 125 CrPC.
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