1. Judgment debtor challenges an order of arrest and detention for non-payment of maintenance amounts decreed in favor of his wife and child. (Para 1 )
Back
Next 
2026 Supreme(Online)(Ker) 74870
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
Raveendran Nadar – Appellant
Versus
Stellabhai – Respondent
OP (FC) NO. 300 OF 2026
Important Points
A father's liability to pay maintenance to his child ceases upon the child attaining majority, and the court may grant a limited extension for paying decreed arrears to avoid the arrest of the judgment debtor.
Subject
Family Law - Maintenance
Headnote
(A) Maintenance - Execution of Decree - Non-payment of maintenance amount resulting in arrest order - Court may grant a reasonable extension of time for deposit of arrears to avoid detention, subject to strict compliance. (Para 4)
(B) Maintenance - Liability towards Children - Attainment of majority - The obligation of a father to pay maintenance to a son ceases upon the son attaining the age of majority. (Para 4)
Issues: Whether the petitioner should be granted time to pay the maintenance arrears and whether liability continues towards a son who has attained majority.
(B) Maintenance - Liability towards Children - Attainment of majority - The obligation of a father to pay maintenance to a son ceases upon the son attaining the age of majority. (Para 4)
Issues: Whether the petitioner should be granted time to pay the maintenance arrears and whether liability continues towards a son who has attained majority.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: V.S. Mansoor, M. Shanavas, Akhil Binoy, Ahammed Mizwar V.P.
For the Appellants/Petitioners: V.S. Mansoor, M. Shanavas, Akhil Binoy, Ahammed Mizwar V.P.
Table of Contents
2. Petitioner contends that part payment has been made, the son has attained majority, and requests time to deposit the remaining maintenance arrears. (Para 3 )
3. The court notes that maintenance liability ceases upon the dependent son attaining majority and deems it appropriate to grant the petitioner time to clear maintenance arrears. (Para 4 )
4. Liability to pay maintenance towards the respondent son ends upon the date he attains majority status. (Para 4 )
5. The court grants the petitioner one month to deposit the maintenance amount and directs that liability for the adult son ceases from the date of majority. (Para 4 )
6. Does a father's liability to pay maintenance for a child continue after the child attains majority?
No, the court held that the petitioner is not liable to pay maintenance to his son for any period subsequent to the date on which the son attained majority. (Para 4 )
7. Can the court grant time to a judgment debtor to clear maintenance arrears in an execution proceeding?
Yes, in the interest of justice, the court may grant the judgment debtor a specific timeframe to deposit the entire amount due under the decree, with the condition that failure to comply will lead to the enforcement of the arrest order. (Para 4 )
SATHISH NINAN & P. KRISHNA KUMAR, JJ.
-----------------------------
O.P.(FC) No. 300 of 2026 ------------------------------
Dated this the 13th day of November, 2026
JUDGMENT
P.Krishna Kumar, J.
The petitioner/judgment debtor challenges Ext.P8 order passed by the Family Court, Nedumangad, ordering his arrest and detention for non-payment of the amount decreed towards the maintenance payable to the respondents herein, who are his wife and child.
2. Heard the learned counsel appearing for the petitioner.
3. It is submitted by the petitioner that the execution petition was filed for recovery of ₹1,04,250/- together with interest and that the petitioner has, in the meanwhile, paid approximately ₹50,000/-. It is further submitted that the second respondent, the son of the petitioner, has already attained majority and, therefore, the petitioner has no further liability to pay maintenance to him. The learned counsel also undertook that the petitioner is ready to deposit the entire amount presently due together with interest, if granted one month's time.
4. Taking into account the above submissions, we find it just and proper to dispose of this petition with the following directions:
1. The petitioner is granted one month's time to deposit the entire amount due under the decree.
2. The petitioner shall not be liable to pay maintenance to the second respondent, his son, for any period subsequent to the date on which the latter attained majority.
3. In the event of failure on the part of the petitioner to deposit the amount as directed above, the Execution Court shall forthwith proceed to enforce Ext.P8 order.
The petition is disposed of accordingly.
