Earning Men Can’t Claim ‘No Resources’ to Avoid Maintenance
The Kerala High Court has reiterated that earning men can’t claim the excuse of “no resources” to avoid paying maintenance to his ex-wife and children. A division bench of Justice Devan Ramachandran and Justice M.B. Snehalatha highlighted that this principle is well-established by the Supreme Court in past rulings.
Essential Maintenance is a Fundamental Right
The court emphasized that maintenance is crucial for the beneficiaries to sustain themselves. Referring to the Supreme Court judgment in Rajnesh v. Neha (2020), it stated that a man without physical or mental incapacity cannot claim lack of resources.
Low Maintenance Amounts Are Insufficient
The petitioner argued that the Family Court’s 2019 order to pay ₹5,000 to his ex-wife and ₹4,000 each to his four minor children was excessive.
The High Court dismissed this claim, stating that such minimal amounts are insufficient for sustenance in today’s world.
Responsibility Beyond Second Marriage
The man also claimed financial strain due to his second marriage and child. The court rejected this argument, stating it was his choice to remarry and have another family. This does not absolve him of his responsibilities toward his first wife and children.
The court determined that the maintenance amount provided the bare minimum necessary for a dignified life and dismissed the petition.
