The Kerala High Court has upheld an order directing a husband to pay ₹10,000 per month as maintenance to his wife, holding that his physical disability by itself could not defeat the finding that he had sufficient means to maintain her.
Justice G. Girish delivered the order on September 30, 2026, while dismissing a revision petition challenging the Family Court, Kottayam at Ettumanoor's maintenance order in M.C. No.137 of 2019.
Background
The marriage between the parties took place on August 1, 2015. The Court recorded that it was the petitioner's second marriage and that the marriage was not consummated. According to his case, he had suffered a paralytic stroke in 2012 and was physically incapacitated from having a physical relationship.
The matrimonial relationship subsequently broke down, resulting in proceedings concerning maintenance, divorce and return of gold ornaments. The Family Court allowed the wife's divorce petition on the ground of cruelty but rejected her claim concerning the return of gold ornaments and money. It separately directed the husband to pay ₹10,000 per month as maintenance.
Before the High Court, the husband relied on medical records and a Medical Board certificate showing 70% permanent locomotor disability in relation to his whole body. He argued that his physical condition prevented him from working and earning income.
The High Court, however, noted that the Family Court had assessed the evidence as a whole and found that the husband had sufficient resources to pay maintenance. The lower court had considered, among other circumstances, his claim regarding meeting marriage expenses and his statement that he had maintained his wife while she lived with him.
The High Court explained that the Family Court's conclusion was not based on whether the husband was an “able bodied person”. Instead, it was based on the evidence and the preponderance of probabilities regarding his financial means.
"On the other hand, the court below had analysed the preponderance of probabilities to find that the petitioner is having the means to pay maintenance at the aforesaid rate, but he is concealing such income to try whether he could evade from the responsibility to pay maintenance to his wife."
The High Court also took note of the circumstances surrounding the marriage and held that the husband's physical incapacity did not justify avoiding his maintenance responsibility after the Family Court had found him financially capable of paying the amount.
"After spoiling the life of a lady by resorting to such a dubious method, the petitioner cannot evade from his responsibility to make payment of maintenance to the respondent."
Finding no illegality, impropriety or error in the Family Court's order, the Kerala High Court dismissed the revision petition and left the direction to pay ₹10,000 per month undisturbed.
Case Details:
Case Title: A vs D
Case Number: R.P.F.C. No. 122 of 2024
Judge: Justice G. Girish
Decision Date: September 30, 2026
