KOCHI: The High Court on Thursday stated that the ex-husband cannot avoid paying alimony on the grounds that the children are protecting a divorced woman. The division bench comprising of Justice A Muhammad Mushtaq and Justice Sophie Thomas stated this in a petition filed by Muhammadali, a native of Taliparamba, against the Kannur family court's order to pay expenses to his ex-wife and unmarried daughter.

The family court ordered the petitioner to pay Rs 2.88 lakh as alimony for the period from 2017 to 2020 and to pay expenses at the rate of Rs 4,000 in subsequent years. An unmarried daughter should also be paid at the same rate. But the petitioner's contention was that the two sons of this relationship are abroad and they are protecting the mother, so the order requiring him to pay maintenance should be set aside. This contention was rejected by the Division Bench. The High Court held that the petitioner cannot be exempted from paying alimony to the mom on account of the her being under the protection of the children and cannot interfere with the judgment of the family court.