Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944 AGAINST THE ORDER/JUDGMENT IN MC 138/2018 OF FAMILY COURT, PALAKKAD REVISION PETITIONER/RESPONDENT :- SATHEESH KUMAR K. AGED 40 YEARS SATHYA BHAVAN, MANNATHKAVU, MANALIKKAD, CHERAMANGALAM, PALAKKAD, PIN - 678703 BY ADVS. P.MOHANDAS (ERNAKULAM) S.VIBHEESHANAN K.SUDHINKUMAR S.K.ADHITHYAN SABU PULLAN GOKUL D. SUDHAKARAN RESPONDENT/PETITIONER :- DANISH AGED 12 YEARS (MINOR) S/O. SOUMYA, NENMARA, PALAKKAD - 678541. MINOR PETITIONER REP. BY MOTHER SOUMYA NENMARA, PALAKKAD, PIN - 678541 THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 09th day of June, 2022 This revision is filed challenging an order passed by Family Court, Palakkad (for short ‘court below’) in M.C.No.138/2018. By the order under challenge the court below has directed the revision petitioner to pay monthly maintenance allowance at the rate of Rs.3,000/- from 01.10.2018, the date of the petition till the date of
order and to pay maintenance allowance at the rate of Rs.4,500/- from
the date of the order. Originally when M.C was moved by the respondent on behalf of the minor child, the court below has ordered Rs.2,000/- as monthly maintenance allowance to the minor child. Thereafter, M.C.No.138/2018 was filed in the year 2018 seeking for enhancement and in that petition, the court below has passed the impugned order.
2. It is submitted by the learned counsel that the mother of the minor child is also employed and she has equal responsibility to
maintain the child. According to him, the revision petitioner is employed in K.S.R.T.C and is not getting salary regularly. Therefore, he is not in a position to pay monthly maintenance allowance at the rate of Rs.4,500/- stands ordered in favour of the minor child from January, 2022.
3. Original M.C. was filed in the year 2012. At the time
when M.C. was filed under Section 127 Cr.P.C., the child was aged 8 years. At present, he is aged 12 years. Rs.4,500/- being ordered to be paid in the year 2022, it is only a reasonable sum to meet the expenses of a school going child aged 12 years. Petitioner has not established before the Family Court that he is unhealthy due to any ailments.
4. In the above circumstances, this court finds no reason to
interfere with the impugned order directing the revision petitioner to pay monthly maintenance allowance at the rate of Rs.3,000/- from the date of petition, till the date of order and to pay Rs.4,500/- from the date of the order. In the result, R.P.(F.C) is dismissed. Sd/- MARY JOSEPH JUDGE SMA