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2023 Supreme(Online)(KER) 23910

HIGH COURT OF KERALA
V. G. Arun, J
SHANOJ M. STANLY
– Appellant
Versus

SMITHA – Respondent


Advocates:
ABHDUL JALEEL, T.V SHAJI, VINOD JABAR, K. SHAMEER MOHAMMED, NIKITA NAIR

O R D E R

Dated this the 10th day of March, 2023 The revision petitioner was the respondent in M.C No.54/2017 on the files of the Family Court, Ernakulam, filed by his wife and two children claiming maintenance allowance at the rate of Rs.20,000/- for the wife, Rs.15,000/- for the elder child and Rs.10,000/- for the younger child. The Family court having directed the petitioner to pay maintenance at the rate of Rs.10,000/- each for the wife and children, this revision petition is filed.

2. Learned counsel for the petitioner contended that the Family Court committed gross illegality in directing payment of maintenance to the wife and fixing the quantum of maintenance payable to the children at Rs.10,000/- each. It is submitted that there was sufficient evidence before the Family court to prove that the monthly salary of the petitioner was only Rs.15,000/- and that the wife was employed and was earning equal amount as salary. The wife was not able to prove that the petitioner is having any source of income other than the salary earned by him. As such, the direction to pay maintenance of Rs.30,000/- by a person whose salary is only Rs.15,000/- is unsustainable. Reference is made to the

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