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Judgment
Ext.P4 order of the Family Court, Thiruvalla directing payment of interim maintenance at the rate of Rs.7,000/- per month to the first petitioner and Rs.18,000/- per month to the second petitioner in M.C No.108/2025 is under challenge in this original petition filed by the respondent in that M.C.
The petitioners in the aforesaid M.C are the wife and son of the petitioner herein. The son of the petitioner herein (second petitioner in the M.C) is said to be suffering from Crohn’s Disease since April, 2025 and undergoing continuous medical treatment incurring huge expenses. Alleging that the petitioner herein is not caring to meet the above medical expenses as well as the expenses of livelihood of his wife and child, the above said M.C has been filed before the Family Court, Thiruvalla. The Court below, after analysing the available records including the statement of assets and liability filed by the parties, and the medical records pertaining to the treatment administered on the second petitioner in the M.C, passed the impugned order. According to the petitioner herein, the aforesaid order passed without considering his source of income, and the income derived by his wife from her employment at the GST office, is illegal.
Heard the learned counsel for the petitioner, and the learned counsel for the respondents.
A reading of the impugned order of the Court below would reveal that the direction to pay interim maintenance has been passed after taking into account all the relevant parameters to be looked into. The Court below has scrutinized the medical records as well as the assets and liability statements filed by both parties. The failure of the petitioner herein to produce the necessary bank documents in support of his contention that he gets only monthly wages of Rs.10,000/-, has been taken note of by the Court below. So also, the relevant certificate of Diploma in Hotel Management held by the petitioner, has been perused by the Court below. Having regard to the reasoning adopted by the Court below after analysing all the relevant records including the medical bills showing the expenses incurred for the treatment of the petitioner’s son, I am not inclined to make any modification in respect of the maintenance amount fixed for the second petitioner in the M.C. However, the quantum of maintenance fixed as Rs.7,000/- for the first petitioner in the M.C, is liable to be reduced to Rs.5,000/- per month. Thus, the impugned order passed by the Court below is liable to be modified to the above extent.
In the result, the original petition stands disposed of as follows:
The direction of the Family Court, Thiruvalla in Ext.P4 order to pay interim monthly maintenance at the rate of Rs.18,000/-to the second petitioner in M.C No.108/2025 is hereby upheld.
ii) The maintenance amount fixed for the first petitioner in the above M.C is reduced to Rs.5,000/- (Rupees five thousand only) per month.
iii) The petitioner is liable to pay the arrears of maintenance with effect from the date of filing of the petition for interim maintenance.
iv) The petitioner herein shall clear the arrears of maintenance as directed above within a period of two months from today, and continue the payment of interim maintenance at the aforesaid rate till the disposal of the M.C or till any modification is made by the Family Court due to change of circumstances, whichever be earlier.