Kerala High Court Revises Maintenance Order for Unmarried Major Christian Daughter

Court Upholds Maintenance for Wife While Limiting Daughter's Claim Due to Lack of Personal Law Provision

In a significant ruling by the Kerala High Court, the court has partially allowed a revision petition filed by Varghese Kuruvila, revising the maintenance order initially passed by the Family Court, Ernakulam. The judgment, delivered by Dr. Kauser Edappagath J., addresses the maintenance claims under Section 125 of the Criminal Procedure Code, 1973, now replaced by Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The case involved maintenance claims by Annie Varghese, the wife of the petitioner, and their unmarried major daughter, a practising lawyer, who had initially been awarded monthly maintenance by the Family Court. The High Court, however, set aside the maintenance awarded to the daughter, emphasizing that an unmarried Christian daughter who has attained majority is not entitled to maintenance from her father unless she is unable to maintain herself due to physical or mental abnormality or injury.

The judgment clarifies that while personal laws like the Hindu Adoption and Maintenance Act provide for maintenance for unmarried major daughters, no equivalent provision exists for Christians, as reaffirmed in the Full Bench decision of Mathew Varghese v. Rosamma Varghese. Consequently, the High Court found that the Family Court's order granting maintenance to the daughter was unsustainable.

Conversely, the court upheld the maintenance awarded to the wife, Annie Varghese, acknowledging her valid grounds for residing separately from her husband. It was determined that her decision to live apart to care for her ailing son did not disentitle her from receiving maintenance. The judgment underscored the principle that a wife's temporary or insufficient income does not preclude her from claiming maintenance, provided her earnings do not enable her to maintain herself according to the lifestyle she shared with her husband.

The petitioner, Varghese Kuruvila, a proprietor of a recruiting agency with substantial assets, was deemed financially capable of providing the determined maintenance of Rs. 20,000 per month to his wife, along with Rs. 30,000 for educational expenses incurred by her for their son.

This ruling highlights the nuanced interpretation of maintenance laws concerning personal law provisions and reaffirms the court's role in ensuring fair and just maintenance claims.

Bottom Line:

Section 125 of Cr.P.C (Section 144 of BNSS) - Maintenance entitlement for unmarried major Christian daughter - Unmarried Christian daughter who has attained majority is not entitled to claim maintenance from her father unless she is unable to maintain herself due to physical or mental abnormality or injury.

Statutory provision(s): Section 125 of Cr.P.C (Bharatiya Nagarik Suraksha Sanhita, 2023 Section 144), Section 125(1)(c), Section 125(4), Section 125(1)(a)

Varghese Kuruvila @ Sunny Kuruvila v. Annie Varghese, (Kerala) : Law Finder Doc Id # 2804949