Court slashes Merchant Navy wife’s maintenance by Rs 10,000. Here’s why
The Kerala High Court was hearing the revision plea filed by the husband challenging the order directing payment of maintenance of Rs 50,000 and Rs 25,000 to his estranged wife and daughter.
The Kerala High Court modified the maintenance of the wife and child considering the standard of living of the estranged couple, their social status, and other relevant parameters. (AI-generated image) The Kerala High Court recently slashed the monthly maintenance of the wife and daughter of a Merchant Navy engineer, observing that the family court had overestimated his income.
Justice G Girish, while hearing a revision petition filed by the husband, reduced the maintenance payable to the wife from Rs 50,000 to Rs 40,000 per month and to the daughter from Rs 25,000 to Rs 20,000 per month, taking into account the parties’ standard of living, social status and other relevant circumstances.
“The aforesaid conclusion of the family court is erroneous, since the persons employed in the Merchant Navy are not able to work throughout the entire 12 months of the year. Therefore, there is merit in the argument of the learned counsel for the petitioner that there should be some reduction in the maintenance amount fixed by the court below,” the June 9 order read.
Justice G Girish was hearing the revision plea filed by the husband challenging the March 2023 order directing payment of maintenance of Rs 50,000 to his estranged wife.
With this revision petition, the husband was challenging the March 2023 order directing payment of maintenance of Rs 50,000 and Rs 25,000, respectively, monthly, to his estranged wife and daughter.
Marriage to paying maintenance
- It was placed on record that the petitioner works as a marine engineer in the Merchant Navy.
- It was added that his marital life ran into rough weather within a short period after the marriage, which was solemnised in March 2015.
- Alleging that the petitioner started neglecting to maintain his wife and daughter born in April 2016, the wife approached the family court seeking maintenance at the rate of Rs 50,000 per month for her and Rs 25,000 per month for the daughter.
- The family court, after considering evidence placed on record by both parties, came to the conclusion that he is bound to pay maintenance at the said rate to his wife and child.
- Aggrieved by the said order of the family court, the petitioner approached the Kerala High Court with this revision petition.
No salary when offshore
Appearing for the petitioner, advocate Nandagopal S Kurup fairly conceded the liability of the petitioner to pay maintenance to his wife and child.
However, he challenged the quantum of maintenance fixed by the family court, stating the reason that there was no rationale in fixing such an exorbitant amount.
He argued that the family court fixed the quantum of maintenance under the wrong assumption that the petitioner receives a salary of Rs 3.71 lakh per month throughout the year.
It was pointed out that the net income of the petitioner would only amount to Rs 1.85 lakh per month, arguing that the employment of the petitioner is on a contractual basis for a period of six to eight months a year, and that he does not get any salary during the remaining period when he is offshore.
Not employed for 12 months a year
On the contrary, representing the husband, one of the counsels, Advocate Manu Ramachandran, argued the petitioner had admitted before the court below that a person having three years’ experience will get a salary of 4,090 USA, but as per salary details placed on record, the salary of the petitioner is shown as 9,751 USA.
It was added that at any rate, the family court had made the calculations by fixing the salary of the petitioner as Rs 3.71 lakh per month. He argued that the quantum of maintenance was fixed on the assumption that the petitioner draws such an amount throughout the year.
It was further added that the conclusion of the family court was erroneous, since persons employed in the Merchant Navy are not able to work throughout the entire 12 months of the year.
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