IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 121 of 2009()
1. ABOOBACKER, 53 YEARS,
... Petitioner
Vs
1. SUBAIDA, 36 YEARS,
... Respondent
2. SUBIRA, 14 YEARS, (MINOR),
For Petitioner :SRI.TOMY JOHN VETTATH
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/04/2009
O R D E R
M.N. KRISHNAN, J.
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R.P(F.C.) NO. 121 OF 2009
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Dated this the 3rd day of April, 2009.
O R D E R
This revision is preferred with a prayer challenging the
grant of order of maintenance to the child at the rate of
Rs.750/- from 22.7.05 onwards. The maintenance case is of
the year 1995 and the child was aged 1= years at the time
of the filing of the application. The Court below considered
that an amount of Rs.40,000/- has been received and held
that it can be adjusted as the maintenance paid for 10 years
and therefore restricted the order of maintenance after 10
years commencing from 22.7.05 onwards. I think the
approach done by the Family Court is absolutely correct for
the reason it had properly given credit to the amount already
given as Rs.40,000/- for a period of 10 years. Now, the child
is studying in 9th standard. The necessity has become high.
In order to maintain a child when she has passed 14 years,
especially being a girl child, an amount of Rs.750/- per
month cannot by any stretch of imagination be said to be on
R.P(F.C.) NO. 121 OF 2009
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the higher side. The girl is to become a major soon. So
taking into consideration all these aspects I do not propose
to interfere with the decision rendered by the Family Court
directing the father to pay a sum of Rs.750/- to the daughter
from 22.7.2005 onwards.
The R.P.(F.C) is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-