SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 52117

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SMITHIN – Appellant
Versus
HIMA MOL M.H – Respondent
RPFC NO. 119 OF 2024 | MC NO. 202 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.J.JULIAN XAVIER, SRI.FIROZ K.ROBIN, SRI.JOSE. V.V. (THENGATHARA)
For the Respondents: ADV SHRI.K.G.RAJEESH

Maintenance obligations of a husband towards his wife are affirmed when income claims lack legal substantiation.

Headnote:This revision petition challenges the judgment dated 24.11.2023 by the Family Court that granted maintenance of Rs.5,000/- per month to the respondent. The petitioner claims financial hardship, asserting an income of Rs.15,000/- per month. The court found no illegality in the Family Court's decision to award maintenance, as the petitioner failed to prove his income. The court stated, 'Considering the requirements of the respondent and the ability and means of the petitioner, the monthly maintenance granted by the Family Court appears to be very reasonable.' The revision petition is dismissed.

Table of Content
1. challenging family court maintenance order (Para 1 , 2)
2. arguments presented by both counsels (Para 3)
3. court's assessment of income and legal obligations (Para 4)

ORDER

This revision petition has been filed challenging the judgment dated 24.11.2023 passed by the Family Court, North Paravur in M.C.No. 202 of 2023.

2. The petitioner is the husband of the respondent.

The respondent filed M.C.No. 202 of 2023 against the petitioner before the Family Court claiming maintenance at the rate of Rs.10,000/- per month. After trial, the Family Court granted monthly maintenance of Rs.5,000/-. The said judgment is under challenge in this revision petition.

3. I have heard Sri. J.Julian Xavier, the learned counsel for the petitioner and Sri.K.G.Rajeesh, the learned counsel for the respondent.

4. The marriage is not in dispute. The petitioner, being the legally wedded husband of the respondent, is legally and morally bound to maintain her. The petitioner does not have a case that the respondent is employed and has any source of income. The petitioner is admittedly working as a Site Supervisor. According to him, he is getting only Rs.15,000/- per month. He has produced Ext.B7 certificate of employment to substantiate the same. However, as rightly held by the Family Court, the said certificate has not been legally proved by examining the employer of the petitioner who issued the said certificate. The petitioner has admitted in cross- examination that the construction workers working under him is getting Rs.1,000/- per day. Hence, the contention of the petitioner that he is only getting Rs.15,000/- per month cannot be believed.

Considering the requirements of the respondent and the ability and means of the petitioner, the monthly maintenance granted by the Family Court appears to be very reasonable. I see no illegality or impropriety in the impugned judgment.

Accordingly, the revision petition is dismissed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top