“An Able-Bodied Person is Bound to Maintain His Wife and Children”: Kerala High Court Dismisses Revision Petition on Maintenance Allowance

In a significant ruling today, the Honourable Mr. Justice C.S. Dias of the Kerala High Court dismissed a revision petition challenging the Family Court’s decision to award maintenance allowance to a wife and her two minor children.

The case had caught attention due to the contradictory claims made by both parties about their financial status and employability. The Court observed, “On a consideration of the status, qualification and the fact that the revision petitioner was a heavy vehicle driver working in Oman and that the respondents have no proven means to maintain themselves, I am definitely of the view that the Family Court has rightly fixed the quantum of maintenance.”

The revision petitioner had questioned the legality and correctness of the Family Court’s decision, alleging that his wife had sufficient means to support herself and their children. However, the High Court held that there was “no material on record to prove that he has taken any effort to resume cohabitation or initiate proceedings to seek for a decree of restitution of conjugal rights.”

The Court further emphasized that it is “trite law that an able-bodied person is bound to maintain his wife and children,” citing the case of Anju Garg vs. Deepak Kumar Garg.

In the judgment, Justice Dias remarked, “I do not find any error, illegality or impropriety in the impugned order passed by the Family Court warranting interference by this Court in exercise of the discretionary powers.”

The revision petition was therefore dismissed, with directions for the adjustment of any interim maintenance amounts that may have been deposited by the revision petitioner.

This case sets a precedent for maintenance disputes, reinforcing that claims for maintenance are to be scrutinized carefully, taking into account the financial status and responsibilities of both parties involved.

The case was represented by Sri. Latheesh Sebastian for the revision petitioner and Sri. M. Abdul Rasheed for the respondents.

Date of Decision: 30 October 2023

SUNI VS SANDHYAMOL