Court Rejects Father's Plea to Reduce Maintenance Despite Interest from Fixed Deposit and Remarriage; Emphasizes Child's Medical Condition and Parents' Status
In a recent judgment dated October 8, 2026, the Kerala High Court, presided over by Justice C. Jayachandran, upheld a Family Court's order directing Dr. Shan Sharafudheen to pay a monthly maintenance of Rs. 15,000 to his minor daughter Jasmin A, who suffers from spondylometaphyseal dysplasia-a rare bone disorder requiring special care.
Dr. Shan Sharafudheen had challenged the Family Court order on the grounds that a sum of Rs. 10 lakhs had been deposited in the child's name as part of a settlement, with interest income of approximately Rs. 7,000 per month intended to cover the child's maintenance. He contended that the interest amount should be adjusted against the monthly maintenance, effectively reducing his liability. Additionally, he argued that his remarriage and the birth of a daughter from the second marriage should be considered in reducing maintenance obligations.
The Court, however, rejected these contentions. It noted that even after considering the interest accrued on the fixed deposit, the total amount available for the child's upkeep is not excessive, especially given the child's special medical needs. The Court emphasized that the child, currently 11 years old, requires a shadow teacher at school and home assistance, reflecting her need for continuous care and support.
Further, the Court observed that Dr. Shan earns a salary exceeding Rs. 1 lakh per month as an Assistant Medical Officer with Indian Railways and cannot claim that Rs. 15,000 per month is excessive maintenance. The father's remarriage and additional child were held to be no legal ground for reducing maintenance payable to the child born in the first marriage.
The Court also considered the standard of living appropriate for the child, given both parents are medical professionals, and the present cost of living. It found that the maintenance amount is justified and reasonable.
Regarding arrears, the Court acknowledged that over Rs. 4 lakhs were pending as maintenance dues. It allowed the respondents to initiate legal proceedings for recovery and suggested that if the petitioner offers reasonable installment payments, the trial court may pass suitable orders. The Court also addressed issues related to allegations impacting the petitioner's employment promotions, directing that withdrawal of objections would follow full payment of arrears and undertaking to continue payments.
This ruling reinforces judicial sensitivity towards the special needs of children and the financial responsibilities of parents, irrespective of subsequent marital changes.
Bottom Line:
Maintenance - Minor child suffering from spondylometaphyseal dysplasia entitled to maintenance of Rs.15,000/- per month - Interest accrued on fixed deposit made in child's name and father's remarriage/birth of child in second wedlock are no grounds to reduce maintenance - Court must consider special needs of child, status of parents and present cost of living.
Statutory provision(s): Maintenance Laws under Hindu Adoption and Maintenance Act, 1956 (applicable family law), principles under Indian Divorce Act and Family Courts Act (inferred from maintenance proceedings)
Dr.Shan Sharafudheen v. Jasmin A, (Kerala) : Law Finder Doc Id # 2998068
