38.6c New Delhi, India, Thursday, May 23, 2024
Judiciary

Not “mercy” of father: Kerala HC says maintenance for child is substantive right; amount must reflect expenses [Read Order]

By Rintu Mariam Biju      07 March, 2024 04:00 PM      0 Comments
Not mercy of father Kerala HC says maintenance for child is substantive right amount must reflect expenses

KOCHI: The Kerala High Court has held that right of children to maintenance is not “mercy of their father” but a substantive right. 

Stating that it is an invaluable right, Justice P Somarajan held that the maintenance amount must reflect the educational expenses, medical expenses and all other expenses connected with the livelihood of the child. 

“Right to get maintenance to a child born in the wedlock from the father is a substantive right, for which, the child cannot be termed as at the mercy of her father. But, it is her valuable right and the father is bound to maintain the child. It should reflect the amount required for the maintenance of the child inclusive of educational expenses, medical expenses and all other expenses connected with the livelihood”

Further, the Court held that ordering pittance by way of maintenance will not only defeat the valuable right, but also is a gross violation of entitlement for a decent living. 

“Ordering pittance by way of maintenance to the child will not only defeat the valuable right, but also amounts to gross violation of entitlement for a decent living. Court should be more cautious while ordering maintenance and it should reflect the amount required to meet both the ends together.”

These observations were made by the Court in a case where “mere pittance” of Rs. 2,500 was ordered to the 13-year-old child. At the time of passing of the order, she was aged around 5 to 6 years. Before the High Court, the claim was to increase the amount to Rs.6,000/- per month. The Court found this ask quite reasonable. 

“There is no reason to negate the said claim. On the other hand, the claim is found to be reasonable. Hence, the impugned order will stand modified by allowing Rs.6,000/- per month to the minor child from the date of petition”. 

Regarding maintenance for the wife, the Family Court ruled that she had sufficient means. Hence, her claim was disallowed by the trial court. However, nothing regarding this aspect was presented before the court, the judge said before concluding.  

 

[Read Order]



Share this article:

About:

Rintu Mariam Biju graduated from the National University of Advanced Legal Studies, Kochi after comp...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Kerala HC Quashes 498A Dowry Harassment Case Against Live-In Partner, Citing Lack of Relative Status [Read Order] Kerala HC Quashes 498A Dowry Harassment Case Against Live-In Partner, Citing Lack of Relative Status [Read Order]

Read about a recent judgment by the Kerala High Court that quashed a dowry harassment case against a woman in a live-in relationship. The court ruled that she couldn't be considered a relative under Section 498A of the IPC, highlighting the importance of precise legal definitions.

Watching porn on mobile: Kerala HC highlights importance of mother cooked meals, outdoor sports [Read Order] Watching porn on mobile: Kerala HC highlights importance of mother cooked meals, outdoor sports [Read Order]

Kerala High Court emphasizes the importance of outdoor sports, home-cooked meals, and parental supervision, discouraging the gifting of mobile phones to minors. Learn why the court quashed a case related to private porn viewing and the need for responsible parenting.

Lakshadweep MP Mohammed Faizal Disqualified from Lok Sabha After Conviction Suspension Plea Rejected by Kerala High Court [Read Notice] Lakshadweep MP Mohammed Faizal Disqualified from Lok Sabha After Conviction Suspension Plea Rejected by Kerala High Court [Read Notice]

Lakshadweep MP Mohammed Faizal PP faces disqualification from Lok Sabha as Kerala High Court rejects plea to suspend his conviction in an attempt to murder case. Get the latest updates on his legal battle.

Supreme Court Grants Stay on Conviction of Lakshadweep MP Mohammed Faizal in Attempted Murder Case Supreme Court Grants Stay on Conviction of Lakshadweep MP Mohammed Faizal in Attempted Murder Case

Stay tuned for the latest legal developments as the Supreme Court suspends the conviction of Lakshadweep MP Mohammed Faizal in an attempt to murder case. Get insights into this high-profile case and its impact on his political career.

TRENDING NEWS

no-interim-relief-to-forest-essentials-in-trademark-fight-against-baby-forest-in-delhi-hc
Trending Business
No interim relief to Forest Essentials in trademark fight against Baby Forest in Delhi HC

Delhi HC denies interim relief to Forest Essentials in trademark case against Baby Forest, citing "forest" as generic. Next hearing on July 10.

22 May, 2024 11:35 AM
singapore-airlines-flight-sq321-from-london-to-singapore-drops-6000-ft-within-minutes-1-dead-several-injured
Trending Business
Singapore Airlines flight SQ321 from London to Singapore drops 6000 ft within minutes, 1 dead, several injured

Singapore Airlines flight SQ321 from London to Singapore suffers 1 fatality after air dropping 6000 ft due to severe turbulence.

22 May, 2024 11:53 AM

TOP STORIES

ed-to-seek-court-nod-for-custody-of-accused-if-not-arrested-till-cognisance-of-complaint-sc
Trending Judiciary
ED to seek court nod for custody of accused, if not arrested till cognisance of complaint: SC [Read Judgment]

The Supreme Court ruled that the Enforcement Directorate must seek court approval for custody of an accused if not arrested before the court takes cognizance of a complaint.

17 May, 2024 01:38 PM
fundamental-right-to-health-includes-consumers-right-to-be-made-aware-of-quality-of-products-sc
Trending Judiciary
Fundamental right to health includes consumers' right to be made aware of quality of products: SC [Read Order]

Right to health includes consumers' right to know product quality. Advertisers must submit self-declarations for ads to ensure transparency and accountability: SC

17 May, 2024 01:43 PM
sc-asks-ed-to-file-response-to-sorens-plea-for-interim-on-may-20
Trending Judiciary
SC asks ED to file response to Soren's plea for interim on May 20

SC asks ED to file a response by May 20 to Hemant Soren's plea for interim bail during Lok Sabha elections, with a hearing scheduled for May 21.

17 May, 2024 06:12 PM
sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email