Dismissed

R.Pradeep Kumar v. R.Priya

Kerala HC7 Jul 2021Mat.Appeal/728/2018

Case brief

AI extract

What is this about?

In this matrimonial appeal, the appellant husband challenged the Family Court's award of monthly maintenance to his wife and minor daughter. The High Court upheld the quantum as moderate after assessing the appellant's pension income and the wife's financial status, dismissing the appeal.

What did the court decide?

Appeal dismissed against the maintenance award of Rs.3,000 to the wife and Rs.6,000 to the daughter.

R.Pradeep Kumar Vs R.Priya — Maintenance and Alimony | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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WEDNESDAY, THE 7^TH DAY OF JULY 2021 / 16TH ASHADHA, 1943

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MAT.APPEAL NO. 728 OF 2018

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AGAINST THE JUDGMENT DATED 17.2.2018 IN OP 585/2014 OF

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FAMILY COURT, MAVELIKKARA

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APPELLANT/RESPONDENT:

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R.PRADEEP KUMAR, AGED 46 YEARS S/O.RADHAKRISHNA MENON,KALEECKAL VEEDU,AKKANATTUKARA MURI,THAZHAKKARA VILLAGE,MAVELIKARA TALUK,ALAPPUZHA - 690 101.

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BY ADVS. SRI.R.T.PRADEEP SMT.M.BINDUDAS, SRI.K.C.HARISH

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RESPONDENTS/PETITIONERS:

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1 R.PRIYA, AGED 39, W/O.R.PRADEEP KUMAR,PATHIYARATHU VEEDU,KANNAMANGALAM NORTH,KANNAMANGALAM VILLAGE,MAVELIKARA TALUK, ALAPPUZHA - 690 101.

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2 ATHIRA, AGED 19, D/O.R.PRIYA,PATHIYARATHU VEEDU,KANNAMANGALAM NORTH,KANNAMANGALAM VILLAGE, MAVELIKARA TALUK, ALAPPUZHA - 690 101.

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BY ADVS.SRI.S.ARAVIND

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SRI.P.S.RAGHUKUMAR

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Mat.Appeal.No.728/2018

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-:2:-

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J U D G M E N T

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Dated this the 7^th day of July, 2021

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A.Muhamed Mustaque,J.

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This appeal was filed assailing the order of maintenance passed in O.P.No.585/2014 on the files of the Family Court, Mavelikara. The appellant is the husband of the 1^st respondent and father of the 2^nd respondent. The marriage between the appellant and the 1^st respondent was solemnized on 14.5.1996. The 2^nd respondent was born in that wedlock. The 2^nd respondent is a major now. The 2^nd respondent was a minor when the case was filed before the Family Court.

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The Family Court awarded maintenance at the rate of Rs.3,000/- to the 1^st respondent and Rs.6,000/to the 2^nd respondent.

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According to the appellant, the 1^st respondent is having employment and therefore she is not entitled for the maintenance. Though the appellant was retired from Military, he contended that he has no sufficient

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Mat.Appeal.No.728/2018

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-:3:-

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income to pay maintenance as awarded by the Family Court. It is further submitted that the 1^st respondent had unilaterally stayed away from the matrimonial relationship and therefore she is not entitled for maintenance.

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The learned counsel for the respondents submits that in spite of the award of maintenance, the appellant has not chosen to pay any maintenance. It is submitted that the 1^st respondent is not employed and she has no income of her own.

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The Family Court in fact considered the income and status of the parties and came to the conclusion that the appellant is liable to pay maintenance as per the impugned judgment. The appellant admittedly is a retiree from Indian Army. The Family Court calculated appellant's monthly income as Rs.30,000/-. It was taking note of the amount of pension and other benefits enjoyed by the appellant that the Family Court award the maintenance as above. We don't find any illegality in the above award of maintenance. The amount award is moderate and appropriate. The Family Court in fact appreciated all evidence and awarded the maintenance.

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Mat.Appeal.No.728/2018

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-:4:-

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We therefore dismiss this appeal. No order as to

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costs.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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sd/-

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DR. KAUSER EDAPPAGATH

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JUDGE

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kp True copy

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P.A. To Judge

R.Pradeep Kumar v. R.Priya

Case brief

What is this about?

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R.Pradeep Kumar v. R.Priya

Case brief

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