Back
KAUSER EDAPPAGATH
Haseena D/o Saidalavi Mukkattil – Appellant
Versus
Suhaib S/o Pokker Haji – Respondent
ORDER
This revision petition has been filed challenging the order passed in M.C.No.98/2015 on the files of the Family Court, Tirur dated 25.8.2022.
2. The 1 st petitioner is the wife of the respondent. Petitioners 2 and 3 are the children of the 1 st petitioner, born in wedlock with the respondent. The petitioners filed a maintenance case against the respondent under Section 125 of Cr.P.C claiming maintenance at the rate of ₹10,000/- to the 1 st petitioner, ₹8,000/- to the 2 nd petitioner and ₹6,000/- to the 3 rd petitioner. The Family Court, after trial, granted monthly maintenance at the rate of ₹4,000/- to the 1 st petitioner and ₹1,500/- each to the petitioners 2 and 3. Dissatisfied with the quantum of maintenance granted, the petitioners have approached this Court.
3. I have heard Sri Jamsheed Hafiz, the learned counsel for the petitioners. Even though notice has been served on the respondent, there is no appearance.
4. The marital relationship and paternity are not in dispute. Admittedly, the 1 st petitioner does not have any job or source of income. According
The court emphasized that a husband must prove his inability to maintain his family, and failure to disclose income leads to an adverse inference, reinforcing the statutory right to maintenance.
A husband must prove genuine inability to maintain family; onus lies on him, given his earning capacity. Maintenance for wife is contingent on her ability to sustain her prior standard of living.
The court upheld a maintenance order, affirming parental duty despite other financial support.
The court validated the Family Court’s maintenance order after determining the credibility of the income claims, emphasizing evidence over unsubstantiated assertions.
Personal deductions from salary cannot diminish the obligation to pay maintenance; gross income must be considered for maintenance determination.
A wife's capability to earn does not disqualify her from claiming maintenance, as the husband's obligation is upheld under social justice principles.
Point of law: Claim of maintenance by wife - Maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be s....
The husband's obligation to maintain his wife and children, as well as the importance of providing evidence to support allegations in family law cases.
A wife can claim maintenance despite living separately if valid reasons exist, such as a husband's second marriage.
Family Courts may determine maintenance based on existing affidavit and pleadings when the opposite party defaults, ensuring fair assessment of financial capability and needs.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
