Kerala High Court: a husband's physical disability does not release him from paying maintenance when he has the means

7 October 2026

Justice G. Girish of the Kerala High Court dismissed the husband's revision petition in A v D, RPFC No. 122/2024.
The couple married on 1 August 2015, his second marriage, after a matrimonial advertisement, and the marriage was not consummated.
The Family Court granted the wife's divorce petition on the ground of cruelty and found the husband had means to pay maintenance.
He produced a Medical Board certificate of permanent locomotor disability of 70% and argued he could not pay.
The High Court upheld maintenance of ₹10,000 per month and said his physical incapacity does not assume any relevance.