In a recent ruling, the Kerala High Court stated that a wife’s inability to lead a peaceful life in the matrimonial home may not always constitute ‘cruelty’ but could be a valid reason to deny joint custody.
Residence and same do not grant the husband discretion to withhold maintenance payments. Justice A. Badhanudeen, addressing an argument that a wife may not be legally entitled to receive alimony from her husband after leaving the marital home voluntarily.
The Family Court had previously ordered the revision petitioner to pay Rs 4,000 in maintenance to his wife, who had claimed the same amount under Section 125(1) of the Criminal Procedure Code. In an appeal to the Supreme Court, the husband argued that since
Since she voluntarily and without justification left his company, he had no obligation to pay maintenance to his wife. The counsel for the husband argued that the wife has no legal right to maintenance because she is not a dependent, has been voluntarily living apart and that the case filed by the respondent on the basis of cruelty has been dismissed.
Case- Arun v Reshma
JUDGEMENT AND ORDER
The court found that the evidence points to the wife having left the marital home because she felt unable to continue living there due to the unique conditions that had arisen there.
“The respondent has shown sufficient entitlement to maintenance in light of the foregoing, and it would be unreasonable to deny her this right. Because of this, the Family Court’s determination of support entitlement can only be confirmed, “the court declared
However, the court noted that the enactment of maintenance ended as of the date of the woman’s remarriage in September 2022.
But it also said that the person seeking the revision must pay the upkeep up until that time. Since the husband’s true income was not verified, the court lowered the maintenance payment to Rs 3,500. Therefore, the vision petitioner is ordered to pay off the arrears at the rate of Rs.3,500/- per month, starting See the date of petition through the date of remarriage, and if this is not done within 30 days, the rengeites are at liberty to execute the modified order in accordance with law it ordered.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into the category of the best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Judgement reviewed by Deepa Bajaj.