High Court Kerala High Court

Ajoy. A. Menon vs Akshay A. Menon on 25 February, 2010

Kerala High Court
Ajoy. A. Menon vs Akshay A. Menon on 25 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 57 of 2005()


1. AJOY. A. MENON, S/O. ARJUNA MENON,
                      ...  Petitioner

                        Vs



1. AKSHAY A. MENON, AGED 5 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.N.SUBRAMANIAM

                For Respondent  :SMT.LEKHA SURESH

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :25/02/2010

 O R D E R
                      M.N. KRISHNAN, J.
                   ...........................................
                   R.P.(F.C).No.57 OF 2005
                  .............................................
           Dated this the 25th day of February, 2010.

                               O R D E R

This revision is filed against the order of the Family

Court, Ernakulam in M.C.No.94/2003. A five year old young

son of the revision petitioner has to knock at the doors of

justice for maintenance for his survival. It is really

unfortunate. The child was studying in UKG at the time of

filing of the petition. The revision petitioner raised all

possible contentions including payment of donation for the

school, payment of fees etc. It has also come out in evidence

that the mother is having only a monthly income of

Rs.2,000/= and she may not be able to maintain the child

with that income. The husband was employed in Delhi and

it is contended that he has lost his job. But it has to be

remembered that he is a young able man who can offer to

do any work. Under Section 125 of the Cr.P.C it has to be

remembered that a person who is well built is bound to

look after his wife and children for the reason that it is with

that averred object he had married and he has satisfy the

same till the end of his life which is expected under certain

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R.P.(F.C).No.57 OF 2005

conditions. Now a days, even sending a child to Pre KG

Section the cost of education is high. The mode of life has

changed and the burden cast on the children is high, The

cost of books has escalated and even the mode of

conveyance consumes large amount. Besides this, a growing

child has to be properly fed and he has to be projected in a

good fashion and for all these things, amount is required.

The parents can fight but the child has to grow.

2. Taking into consideration all these facts, the family

court has awarded a very reasonable maintenance amount of

Rs.1,000/= per month which by any stretch of imagination

cannot be said to be on the higher side.

Therefore the revisions lacks merit and the same is

dismissed.

M.N. KRISHNAN, JUDGE

cl

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R.P.(F.C).No.57 OF 2005