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2026 Supreme(Online)(Ker) 2406

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
MANOJ M – Appellant
Versus
SHYAMA SIMON – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.N.ABHILASH, SHRI.SUNIL NAIR PALAKKAT, SHRI.RITHIK S.ANAND, SHRI.RISHI VARMA T.R., SHRI.SREEJITH A., SMT.TEENA M. ASHOK
For the Respondents: SRI.V.T.MADHAVANUNNI, SRI.V.A.SATHEESH

Table of Content
1. parties dispute about financial obligations post-marriage. (Para 1 , 2 , 3)
2. evidence in support of claims; burden of proof. (Para 4 , 5 , 6 , 7)
3. court discusses the implications of financial capability and obligations. (Para 8 , 9 , 10)

Devan Ramachandran,J.

The appellant challenges the judgment of the learned Family Court, Thalassery, in O.P.No.114/2023, since it has ordered that he return Rs.50,000/- to the respondent; and also to pay an amount of Rs.4,000/- per month as maintenance from

10.07.2020 to 10.01.2023.

2. Sri.Abhilash K.N – learned Counsel for the appellant, vehemently argued that since the entrustment of the amount above mentioned has not been proved, the learned Court could not have issued a decree against his client; while the amount of past maintenance ordered is excessive because his client does not have the financial capacity to honour Rs.4,000/- per month. He explained that his client is a “seasonal worker”, with a very modest income and hence incapacitated from honouring such a high amount as past maintenance. He prayed that this appeal be, therefore, allowed and the decree vacated.

3. Sri.V.T.Madhavanunni - appearing for the respondent on the

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