Kerala HC upholds trial court order granting alimony of Rs 31,68,000 to wife and child

NewsDrum Desk
22 Nov 2022

Kochi, Nov 22 (PTI) The Kerala High Court has upheld a trial court order granting an alimony of Rs 31,68,000 to a divorced woman and her child.

Justice Kauser Edappagath said that the sessions judge who set aside the trial court order, exceeded its jurisdiction in re-appreciating the evidence on record.

Considering the fact that the husband was drawing a monthly income of Rs two lakh, the trial court had granted an amount of Rs 31,68,000 as reasonable provision and maintenance to the wife and the child.

The trial court had found that the wife and child would require at least Rs 33,000 per month for their livelihood.

However, the sessions judge set aside the order and remanded the case to the Magistrate for fresh consideration after the husband produced a salary certificate allegedly issued by his employer.

The remand was given to the husband as an opportunity to prove his actual income.

The High Court noted that the sessions judge was persuaded by a salary certificate produced by the husband showing that his salary was only Rs 70,000.

"It has been consistently held by the Apex Court that the jurisdiction of the High Court in revision is severely restricted and it cannot embark upon re-appreciation of evidence," the high court said in its order issued on November 18.

The High Court said that the Magistrate, after analysing the evidence on record in its correct perspective, came to the conclusion that the wife and the child require Rs 33,000 for their livelihood and the husband earns Rs two lakh per month. PTI RRT RRT SS SS

Recommended Articles