In a landmark ruling, the High Court of Kerala at Ernakulam has upheld the decision of the Family Court while enhancing the monthly maintenance allowance in a high-profile case. The revision petition, registered as Revision Petition, involved a dispute over the maintenance allowance payable to the first petitioner and the second petitioner. The judgment, delivered by Justice V.G. Arun on Monday, June 5, 2023, brings relief to the petitioners and establishes the court’s commitment to ensuring a fair resolution in family law matters.
The case revolved around the petitioners, Dheera N.G. and her son Soorya Narayanan, who filed a revision petition challenging the order of the Family Court, Ernakulam. Dheera N.G. suffered from a medical condition called Acute Disseminated Encephalomyelitis (ADEM), leaving her paralyzed and burdened with substantial medical expenses. The first petitioner’s husband, Simeesh S., failed to provide financial support. Additionally, Soorya Narayanan, the second petitioner, was neglected by his father due to his mother’s illness. Seeking maintenance allowance, the petitioners contended that Simeesh S. had neglected and refused to maintain them.
After carefully considering the facts and the provisions of Section 125 of the law, the court found that Simeesh S. had indeed neglected and refused to maintain the petitioners. It further determined that Dheera N.G. lacked the means to sustain herself and her child, while the respondent possessed sufficient means to provide maintenance.
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The court, in its judgment, stated, “Taking all these factors into consideration, the monthly maintenance allowance payable to the first petitioner is fixed at Rs. 8,000/- and that of the second petitioner, at Rs. 4,000/-.”
“The enhanced allowance aims to cover the first petitioner’s medical expenses and enable her to lead a normal life to the best extent possible,” the court stated.
The court also acknowledged the denial of love and affection to the second petitioner as a relevant factor.
Furthermore, Justice V.G. Arun dismissed and disposed of Revision Petition by enhancing the monthly maintenance allowance for both petitioners. The respondent was granted a two-month period to pay the arrears of maintenance at the enhanced rate.
“Failure to comply within the stipulated time would allow the petitioners to approach the Family Court for execution of the order.”, the court added.
Case Name: DHEERA N.G Vs SIMESH S
Case No.:RPFC NO. 30 OF 2023
Bench: Justice V.G. Arun
Order dated: 05.06.2023
