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2025 Supreme(Online)(Ker) 53634

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHANAVAS BABU – Appellant
Versus
AKMAR JABIN – Respondent
RPFC NO. 411 OF 2025|MC NO.459 OF 2022



Advocates:
For the Appellants/Petitioners: SRI.P.SAMSUDIN, SHRI.JASNEED JAMAL, SMT.LIRA A.B., SMT.DEVIKA E.D.

Failure to produce evidence of income can lead to adverse inferences against the petitioner in maintenance cases.

Headnote:The petitioner challenges the Family Court's judgment granting maintenance to the respondents. The court finds that the monthly maintenance awarded (Rs.5,000 for the wife and Rs.4,000 for the minor) is reasonable and justifiable given the petitioner's claimed income. The court affirms the Family Court's decision and dismisses the appeal. The petitioner did not produce evidence contradicting the respondents' claims regarding his income. In line with Rajnesh v. Neha, if income evidence is withheld, an adverse inference is drawn.

Table of Content
1. challenge to family court's maintenance award. (Para 2)
2. importance of income evidence in maintenance cases. (Para 4)
3. the monthly maintenance awarded is deemed reasonable. (Para 5)

O R D E R

This Revision Petition has been filed challenging the judgment passed by the Family Court, Malappuram in M.C.No.459 of 2022.

2. The petitioner is the husband of the 1st respondent and the father of the 2nd respondent. The respondents filed an application for maintenance before the Family Court, Malappuram seeking monthly maintenance at the rate of Rs.15,000/- and Rs.12,000/- respectively. The Family Court, after trial, granted monthly maintenance at the rate of Rs.5,000/- to the 1st respondent and Rs.4,000/- to the 2nd respondent. The said judgment is under challenge in this revision petition.

3. Heard both sides.

4. The marriage and paternity are not in dispute. Even though the petitioner has taken a contention that the 1st respondent is employed, no evidence has been adduced to substantiate the said contention. Admittedly, the petitioner is a driver employed abroad. According to the 1st respondent, the petitioner earns a monthly salary of Rs.1,00,000/-. It is denied by the petitioner. However, he has not produced any document to show his income. In Rajnesh v. Neha and Another [(2021) 2 SCC 324] , the Supreme Court held that if the husband fails to produce documentary evidence to prove his income, an adverse inference has to be drawn against him.

5. Considering the requirement of the respondents and the ability and income 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.

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