Satheesh Kumar K vs Danish
2022 Latest Caselaw 6659 Ker

             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
                       RPFC NO. 178 OF 2022
    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,
          PALAMTHONI, N.S.S. COLLEGE POST,
          NENMARA, PALAKKAD - 678541.
          MINOR PETITIONER REP. BY MOTHER SOUMYA
          PALAMTHONI, N.S.S. COLLEGE POST,
          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:
 RPFC NO. 178 OF 2022
                                  2




                              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, RPFC NO. 178 OF 2022

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