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2025 Supreme(Online)(Ker) 53361

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
NOBLE AUGUSTINE – Appellant
Versus
DHANYA RAMACHANDRAN – Respondent
OP(CRL.) NO. 688 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.ADARSH KURIAN, SRI.K.V.PAVITHRAN, SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
For the Respondents: ADV.SHIJI P.S., ADV.NIDHI ABRAHAM

The legal obligation of a husband to maintain his wife and child is affirmed, and the reasonableness of interim maintenance is upheld despite disagreements over income.

Headnote:The case at hand involves a challenge to an order granting interim maintenance. The court recognized the legal obligation of the petitioner to maintain the wife and child. Despite discrepancies in reported income, the court found the granted amount to be reasonable. Ultimately, the original petition was dismissed.

Table of Content
1. challenge to interim maintenance order (Para 1 , 2)

J U D G M E N T

Ext.P5 order granting interim maintenance is under challenge in this original petition.

2. The petitioner is the husband of the first respondent and the father of the second respondent. The marriage and paternity are not in dispute. The petitioner being the legally wedded husband of the first respondent and father of the second respondent is legally and morally bound to maintain them. Admittedly, the parties are living separately. According to the first respondent, there are sufficient reasons for living separately. However, this is a matter to be decided at the time of trial. According to the first respondent, the petitioner is drawing Rs.1,00,000/- per month. Ext.P7 salary certificate would show that the total earnings of the petitioner is Rs.22,613/- per month. Considering the income of the petitioner and the requirements of the respondents, the interim monthly maintenance granted by the Family Court appears to be reasonable.

Hence, I see no reason to interfere with the impugned order.

Accordingly, this original petition is dismissed.

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