The Kerala High Court opined that the quantum of maintenance should be such that the wife can live in reasonable comfort and as per the status and mode of life she was used to when she lived with her husband. The Court expounded those other factors such as professional qualifications, physical condition, etc. must also be considered while deciding the amount of maintenance. If at all, the Husband is not earning so much to provide the amount as granted by the Court, the husband shall undertake other jobs to earn sufficient income.
Brief Facts:
The Respondents are the wife and a minor child who approached the Family Court for a grant of maintenance as they do not have the means to sustain. It was submitted that the Revision Petitioner is an Automobile Mechanic and had landed several properties.
A counter was filed by the Petitioner denying his job as a Mechanic or landing any properties. It was submitted by the Petitioner that he assists his uncle who has a business of ayurvedic herbs. The Petitioner also submitted that his mother is suffering from kidney failure and therefore, he has to bear her treatment expenses as well.
Thereafter, the Family Court granted maintenance to the Respondents from the date of the petition @ Rs. 5000 and Rs. 4000 respectively. Therefore, the present petition is filed against the said order.
Contentions of the Petitioner:
It was contended that the Court did not take into consideration the salary certificate of the Petitioner while fixing the quantum of maintenance.
Contentions of the Respondent:
The Respondent argued that the Petitioner has a Diploma in Mechanical Engineering and is getting a salary of up to Rs. 50,000. It was contended that it is the legal and moral duty of a physically abled person to maintain his wife and children, especially when he is professionally qualified. It was contended that the salary certificate produced by Petitioner cannot hold ground as it was issued by a private concern, without examination of the authors.
Observations of the Court:
It was observed that the quantum of maintenance should be such that the wife can live in reasonable comfort and as per the status and mode of life she was used to when she lived with her husband. However, at the same time, the amount cannot be excessive or extortionate. Certain other factors such as expenses for food, clothing, residence, medical expenses, education, etc., also need to be considered while deciding on maintenance for the child.
The Court re-iterated that maintenance cannot be rejected because the wife is earning as if the amount earned by her is not sufficient, the Husband would be liable to pay maintenance.
In the present case, the Petitioner cleverly attempted to establish less income by producing a salary certificate from a private enterprise, without giving the opportunity for cross-examination. This cannot be the basis to consider the income of the husband while deciding on a maintenance petition.
The High Court expounded those other factors such as professional qualifications, physical condition, etc. must also be considered while deciding the amount of maintenance. If at all, the Husband is not earning so much to provide the amount as granted by the Court, the husband shall undertake other jobs to earn sufficient income.
The decision of the Court:
Based on the above-mentioned reasons, the Court dismissed the Revision Petition and did not interfere with the quantum of maintenance as decided by the Family Court.
Case Title: Amaldev v. Preeja & Anr.
Coram: Hon’ble Mr. Justice A. Badharudeen
Case No.: RPFC No. 264 of 2022
Advocate for Petitioner: Adv. T.N. Manoj
Advocate for Respondent: Adv. Siraj Karoly
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