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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Sumesh. A – Appellant
Versus
Babija Balakrishnan.M – Respondent
ORDER :
A. Badharudeen, J.
This Revision Petition (Family Court) has been filed under Section 19 (4) of the Family Courts Act, 1984, by the revision petitioner, challenging the grant of maintenance at the rate of Rs.6,000/- and Rs.3,500/- to the respondents herein, who are the wife and the minor child. The Family Court tried M.C. along with O.P.No.879/2023 and rendered common verdict on 10.04.2025.
2. Heard the learned counsel for the revision petitioner, who is the respondent in the M.C., and the learned counsel appearing for the respondents, who are the petitioners in the M.C.
3. I shall refer the parties in this revision as 'husband', 'wife' and ‘child’, for convenience.
4. In this case, the wife and child, who are the respondents herein had approached the Family Court and sought for maintenance to them on asserting that they had no means of maintenance and the husband has been employed as an Instructor in M.E.S. Engineering College and has been earning Rs.50,000/- per month as salary. Accordingly, the wife and child claimed Rs.15,000/- and Rs.5,000/-, respectively for their maintenance including living as well as educational expenses for the minor child.
5. The revision petitioner/h
Personal deductions from salary cannot diminish the obligation to pay maintenance; gross income must be considered for maintenance determination.
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....
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.
A wife's capability to earn does not disqualify her from claiming maintenance, as the husband's obligation is upheld under social justice principles.
The court emphasized that maintenance must reflect the financial status of both parties, ensuring the wife maintains a standard of living consistent with her marriage while considering her earning ca....
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
The court affirmed that a spouse's educational qualifications do not disqualify them from receiving maintenance, emphasizing the need for a fair assessment of financial needs and obligations.
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