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2025 Supreme(Online)(Ker) 49580

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
FAROOKH – Appellant
Versus
KAYYAKKUTTY@ KADEEJA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JAMSHEED HAFIZ, SMT.T.S.SREEKUTTY

Judgement Key Points

The legal document pertains to a family law case concerning maintenance obligations under Section 125 of the Code of Criminal Procedure. The appellant, the son, challenged a maintenance order issued by the Family Court, which awarded the respondent, his mother, a monthly maintenance of Rs.5,000. The court’s decision to uphold the maintenance order was based on an evaluation of the evidence and the circumstances surrounding the case.

The court acknowledged the statutory basis for maintenance claims and assessed both parties' claims regarding their financial capabilities (!) (!) . The respondent, aged 60, was found to have no independent source of income and was unable to maintain herself, whereas the petitioner was employed abroad and claimed a substantial income, although he failed to produce documentary evidence to substantiate this claim (!) (!) .

The court examined evidence regarding the respondent’s living conditions and income, noting the absence of proof that she was engaged in cattle rearing or earning income from such activities. The respondent’s husband was providing her with maintenance, but the court emphasized that this did not absolve the son of his statutory obligation to support his mother (!) (!) .

Ultimately, the court found that the maintenance amount awarded was reasonable and necessary, considering the respondent’s needs and the petitioner’s financial capacity. The court dismissed the revision petition, affirming the maintenance order (!) .

This case underscores the principle that a son’s obligation to support his mother persists regardless of other sources of support or the mother’s own income, reaffirming the court's authority to enforce family maintenance obligations under the relevant statutory provisions.


Table of Content
1. acknowledges maintenance petition’s basis under statute. (Para 1 , 2)
2. assesses both parties' claims regarding financial capability. (Para 4)
3. evaluates evidence about respondent's income and living conditions. (Para 5 , 6)
4. reiterates son’s obligation to support mother irrespective of other maintenance. (Para 7)

ORDER

This revision petition has been filed challenging the order dated 19.07.2025 in M.C.No. 229 of 2022 passed by the Family Court, Tirur, under Section 125 of Cr.P.C.

2. The petitioner is the son of the respondent. The respondent filed a maintenance case against the petitioner claiming maintenance under Section 125 of Cr.P.C. The Family Court, Tirur, after trial, granted maintenance at the rate of Rs.5,000/- (Rupees Five Thousand only) per month. The said order is under challenge in this revision petition.

3. I have heard both sides.

4. The respondent is aged 60 years. Her husband is alive. According to her, she has no job or source of income and is unable to maintain herself. The petitioner contends that the respondent is able to maintain herself. According to him, the respondent is rearing cattle and earning sufficient income. It is further allege

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