Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.JAYACHANDRAN, J
Beena M. Dd/o. M. N. Divakaran (Late) – Appellant
Versus
Raju Narayana Swamy S/o. K. S. Venkitachalam Iyer – Respondent
JUDGMENT :
(C. JAYACHANDRAN, J.)
The wife of a senior IAS Officer is knocking the doors of this Court seeking implementation of an order for maintenance, which was passed as early as on 18.09.2019, vide Ext.P1. Barring a sum of Rs.10 lakh- which was directed to be paid, as a pre-condition for an interim order- no amount, whatsoever, has been paid, is the contention espoused by the learned Senior counsel for the petitioner.
2. Heard Sri.S.Sreekumar the learned Senior counsel, duly instructed by Advocate Aneesh James for the petitioner; and Sri.Alex K.John, the learned counsel for the respondent. Perused the records.
3. The following facts emerge from the submissions made by both sides. The marital tie between the petitioner and the respondent is estranged, and a divorce petition is pending. Ext.P1-Order was passed as early as on 18.09.2019, directing grant of maintenance at the rate of Rs.20,000/- per month. Appeals were carried by both the wife and the husband before the District and Sessions Court. Ext.P1-Order was modified and the maintenance amount was enhanced to Rs.50,000/-per month, vide Ext.P2. Revision was filed before this Court, in which Ext.P3 order dated 01.07.2024 was pass
The court ruled that repeated applications to modify a maintenance order, without change in circumstances, constitute an abuse of process, emphasizing the need for timely enforcement of maintenance r....
(1) Right to get maintenance embodies sacrosanct principles of social justice.(2) Liability to maintain is continuous, enforceable, and insulated from considerations of proprietary holdings, flowing ....
An able-bodied husband is presumed to be capable of earning sufficient money to maintain his family, and income tax returns can be used to assess income for determining maintenance.
The determination of maintenance in matrimonial disputes depends on the financial status of the parties and the standard of living to which the aggrieved person is accustomed.
Multiplicity of litigation, especially when an impugned order is alleged to be in violation of an interim order, is not warranted.
Interim maintenance under the Domestic Violence Act requires assessment of the respondent's income and presumption of ability to earn by the husband; mere claims of financial inability must be substa....
The obligation of a husband to maintain his wife under Section 125 of the CrPC is a statutory duty, and the assessment of maintenance must consider the husband's income and the wife's financial needs....
Onus is on husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his c....
The right to maintenance under S.125, CrPC is absolute and designed to ensure dignified living for spouses and children, despite claims of financial hardship by the husband.
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
