The High Court of Kerala ordered that the husband is no longer liable to pay maintenance to his employed wife from July 2023, while enhancing the minor child's monthly maintenance to Rs. 3,000 from March 2018.
Maintenance to wife from July 2023 is discontinued; child's maintenance enhanced to Rs. 3,000 per month from March 2018.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RPFC Nos.407 & 334 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945
RPFC NO. 407 OF 2018
AGAINST THE ORDER/JUDGMENT IN MC 199/2016 OF FAMILY COURT, PATHANAMTHITTA
REVISION PETITIONERS/PETITIONERS IN MC:
ANISH KUMAR V.C. AGED 36 YEARS VALIYAVILAYIL , MANNAM NAGAR P. O , PERUMPULICKAL MURI PANDALAM THEKKEKARA VILLAGE ADOOR PATHANAMTHITTA PATHANAMTHITTA, PIN - 689518
BY ADVS.
G. UNNIKRISHNAN M. JAYAKRISHNAN
RESPONDENTS/PETITIONERS:
1 DHANYA KRISHNAN R. SOPANAM, THATTAYIL P. O PADUKOTTUKKAL MURI PANDALAM THEKKEKKARA VILLAGE ADOOR PATHANAMTHITTA, PIN - 691525
2 NEEHARA (MINOR) REPRESENTED BY MOTHER DHANYA KRISHNAN 1ST RESPONDENT, DO-DO-
BY ADVS. R.PADMARAJ
THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 03.07.2023, ALONG WITH RPFC.334/2018, THE COURT ON 4/8/2023 DELIVERED THE FOLLOWING:
RPFC Nos.407 & 334 of 2018
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945
RPFC NO. 334 OF 2018
AGAINST THE ORDER/JUDGMENT IN MC 199/2016 OF FAMILY COURT,
PATHANAMTHITTA
REVISION PETITIONERS/PETITIONERS IN MC:
1 DHANYA KRISHNAN R., AGED 30 YEARS, D/O R.D KRISHNAN NAIR, 'SOPANAM', THATTAYIL PO, PADUKOTTUKKAL MURI, PANDALAM, THEKKEKKARA VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN691525.
2 NEEHARA (MINOR) AGED 2 YEARS, D/O ANISH KUMAR V.C, 'SOPANAM'THATTAYIL PO, PADUKOTTUKKAL MURI,PANDALAM, THEKKEKKARA VILLAGE, ADOOR TALUK,PATHANAMTHITTA DISTRICT, PIN691525.REPRESENTED BY HER MOTHER 1ST PETITIONER.
BY ADVS. SRI.R.PADMARAJ SRI.P.J.ANTONY JOSEPH MARIADAS SRI.R.AJITH KUMAR V.K.EDOM
RESPONDENT/RESPONDENT IN MC:
ANISH KUMAR V.C, AGED 34 YEARS, S/O V.N CHANDRASEKAHARAN PILLAI,VALIYAVILAYIL, MANNAM NAGAR PO,PERUMPULICKAL MURI, PANDALAM, THEKKEKKARA VILLAGE,ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-689518.
BY ADV G.UNNIKRISHNAN
THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 03.07.2023, ALONG WITH RPFC.407/2018, THE COURT ON 4/8/2023 DELIVERED THE FOLLOWING:
RPFC Nos.407 & 334 of 2018
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V.G.ARUN J.
R.P.(FC).Nos.334 & 407 of 2018
Dated this the 4th day of August 2023
O R D E R
Spoke.
2. The order dated 3/7/2023 is recalled.
RPFC No.334/2018 is filed by the wife and child, aggrieved by the quantum of maintenance allowance ordered to be paid by the husband/father. RPFC No.407/2018 is filed by the husband/father, aggrieved by the direction to pay maintenance to the wife and child at the rate of Rs.2,000/- each.
income from which is sufficient for her sustenance. Hence, from now onwards the husband cannot be held liable to maintain the wife. The child, who was only two years when Rs.2000/- was granted as monthly maintenance, is now nine years old. Therefore, her educational and other needs would have increased substantially. Being so, the quantum of maintenance with respect to the child has to be enhanced.
RPFC Nos.407 & 334 of 2018
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i). Direction to pay maintenance to the wife at the rate of Rs.2,000/- is upheld. The wife having secured employment, the husband will not not be liable to pay maintenance to her from July, 2023 onwards.
ii). The monthly maintenance of the child is enhanced to Rs.3,000/- per month. The enhanced amount shall be paid from March, 2018 onwards, the month in which RPFC No.334/2018 was filed by the wife and child.
Sd/-
V.G.ARUN JUDGE
dpk
3 issues framed by the court
Whether the husband is liable to pay maintenance to a wife who has secured employment sufficient for her sustenance.
Whether the quantum of monthly maintenance for a minor child should be enhanced due to increased educational needs over time.
The appropriate date from which the enhanced maintenance amount for the child shall be payable.
Anish Kumar V.C
Dhanya Krishnan
Neehara
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
