38.6c New Delhi, India, Friday, October 31, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
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

'Only a Woman Knows How Difficult it is to Balance Motherhood and Career' : Kerala High Court Reinstates Woman Fired for Availing Maternity Leave 'Only a Woman Knows How Difficult it is to Balance Motherhood and Career' : Kerala High Court Reinstates Woman Fired for Availing Maternity Leave

"The mother's constant proximity to the child has been scientifically proven to be absolutely irreplaceable, which is why, among other things, maternity leave provisions are now internationally accepted," it further added. Kerala high court, Kerala high court order, Kerala high court judgement, Kerala high court chief justice, Motherhood and Career

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.

TRENDING NEWS

sc-hints-at-pan-india-guidelines-on-timeline-to-frame-charges
Trending Judiciary
SC hints at pan-India guidelines on timeline to frame charges

SC mulls pan-India guidelines to curb delays in framing charges; notes cases where charges aren’t framed even after years despite BNSS mandate of 60 days.

30 October, 2025 12:22 PM
limitation-for-continuous-breach-runs-only-till-contract-expiry-kerala-hc-clarifies
Trending Judiciary
Limitation for Continuous Breach Runs Only Till Contract Expiry: Kerala High Court Clarifies [Read Judgment]

Kerala HC clarifies that for continuous breach of contract, limitation under Article 55 starts when breach ceases; once contract ends, breach cannot continue.

30 October, 2025 01:37 PM

TOP STORIES

sc-quashes-uapa-arrests-holds-remand-courts-explanation-cannot-replace-written-grounds-of-arrest
Trending Judiciary
SC Quashes UAPA Arrests, Holds Remand Court’s Explanation Cannot Replace Written Grounds Of Arrest [Read Order]

Supreme Court quashes UAPA arrests, ruling that remand court’s explanation cannot substitute the mandatory written grounds of arrest.

25 October, 2025 11:10 AM
ngt-orders-probe-into-illegal-tree-felling-in-delhis-civil-lines-directs-action-within-three-months
Trending Environment
NGT Orders Probe into Illegal Tree Felling in Delhi’s Civil Lines, Directs Action Within Three Months [Read Order]

NGT directs Tree Officer to probe illegal tree felling in Delhi’s Civil Lines and take action under the Delhi Preservation of Trees Act, 1994.

25 October, 2025 11:28 AM
gauhati-hc-quashes-fir-against-cnn-news18-anchor-akansha-swarup-over-kamakhya-temple-remarks
Trending CelebStreet
Gauhati HC Quashes FIR Against CNN-News18 Anchor Akansha Swarup Over Kamakhya Temple Remarks [Read Order]

Gauhati HC quashes FIR against CNN-News18 anchor Akansha Swarup, ruling her Kamakhya Temple remarks were careless but lacked malicious intent.

25 October, 2025 11:43 AM
delhi-hc-upholds-divorce-on-cruelty-grounds-denies-alimony-to-financially-independent-wife
Trending Judiciary
Delhi HC Upholds Divorce On Cruelty Grounds, Denies Alimony To Financially Independent Wife [Read Judgment]

Delhi HC upholds divorce on cruelty grounds, denies alimony to IRTS officer wife, ruling that alimony is for need-based justice, not enrichment.

25 October, 2025 12:10 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email