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HIGH COURT OF KERALA
Devan Ramachandran, M.B. SNEHALATHA, JJ
SHAMSHAD.C – Appellant
Versus
SHAFEENA.K – Respondent
| Table of Content |
|---|
| 1. maintenance claims are essential in divorce cases. (Para 1 , 2 , 3 , 4 , 5) |
| 2. fundamental rights supersede financial creditor claims. (Para 6 , 7 , 8) |
| 3. arguments about maintenance amounts based on mother's support. (Para 10 , 11 , 12) |
| 4. evidence must support claims of incapacity to provide maintenance. (Para 13 , 14 , 15 , 17) |
| 5. remarriage does not absolve prior maintenance obligations. (Para 18 , 19 , 21 , 22 , 23) |
O R D E R DEVAN RAMACHANDRAN (J)
Ending a marriage is traumatic for most;
and it is exacerbated for women who have to navigate settlement terms and follow up on sums for maintenance of themselves and their children.
2. To add to the complexity is the stigma of divorce, particularly in many communities in India.
3. In a divorce, large number of - if not most - women still continue to be home makers, thus pushing them to a spot. In most cases, claims for maintenance - not merely for the wife, but also for the children – are met with obdurate resistance.
4. The defences erected are sometimes formidable, other times ingenuous; but they are for another day to speak on.
5. Out of the most ubiquitous response to a claim for maintenance is that the obligator has no
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