1. An appeal challenging execution proceedings concerning a failure to account for alleged maintenance payments made by an appellant in compliance with a family court order. (Para 1 )
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2026 Supreme(Online)(Ker) 75053
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
Santhosh – Appellant
Versus
Ghanashyam – Respondent
MAT.APPEAL NO. 384 OF 2021
Important Points
The court held that while new claims of payment not raised in the trial court cannot be adjudicated at the appellate stage, the Execution Court may be permitted to recalculate maintenance arrears upon production of valid proof of payment.
Subject
Family Law - Maintenance
Headnote
(A) Execution Proceedings - Calculation of Maintenance - Evidence of Prior Payment - Where a claim of payment is raised for the first time during appellate proceedings and was not considered by the trial court, the appellate court may direct the Execution Court to consider such evidence and recalculate the arrears based on actual proof of payment. (Para 2)
Issues: Whether the appellant can introduce evidence of prior payments before the appellate court that were not raised before the Family Court.
Issues: Whether the appellant can introduce evidence of prior payments before the appellate court that were not raised before the Family Court.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: V.S. Thoshinarham Anwar
For the Respondents: K.B. Gangesh
For the Appellants/Petitioners: V.S. Thoshinarham Anwar
For the Respondents: K.B. Gangesh
Table of Contents
2. The appellant contends that previous payments were not accounted for in the impugned order, whereas the respondent disputes the existence of record or prior submission of these payments. (Para 1 )
3. The execution court has discretion to recalculate maintenance amounts if the appellant produces fresh evidence of payments not previously considered or raised during the original family court proceedings. (Para 2 )
4. An appellate court may decline to entertain arguments not raised before the original court but may remit the matter for factual verification if substantial justice requires. (Para 2 )
5. The appeal is disposed of with liberty granted to the appellant to produce evidence of payments before the execution court for recalculation. (Para 2 )
6. Can an execution court verify unproven maintenance payment claims that were not raised in the original family court trial?
Yes. While the court may refuse to hear new arguments raised for the first time in appeal, it may direct the execution court to verify and account for specific payments if documentation is provided to support the claim during execution proceedings. (Para 2 )
JUDGMENT
Dated this the 12th day of November, 2026 Soumen Sen , C.J .
The issue raised in this matter involves an exercise to be undertaken by the Execution Court, as regards the amount to be paid in terms of the order passed by the Family Court. The learned counsel for the appellant submits that it would be evident from his bank account that a sum of ₹80,000/- was debited, which may not have been accounted for in the impugned order.
2. In view of the fact that the point urged in this appeal has not been raised before the Family Court, we do not permit the appellant to raise such point before us. However, in the event it appears in the execution proceedings that the contention raised in this appeal as regards the payment has already been paid, but not reflected in the impugned order, it would be open to the Execution Court to recalculate the amount payable towards past and future maintenance after taking into consideration such payment, if actually paid as claimed. This observation is made on the basis of a submission made on behalf of the appellant that in the year 2022, an amount of ₹80,000/- has been paid. However, this issue has not been raised before the Family Court, nor was there any document to show that any such amount was, in fact, paid. Since it is now contended that the documents would show that such payment has, in fact, been made, it would be open to the petitioner to produce such documents before the Execution Court, which may take the same into consideration while recalculating the amount payable under the impugned order.
The appeal stands disposed of.
