MOHAMMED ASHRAF Vs. MOHAMMED SHAYAAN

JUDGEMENT

(1.) Heard on I.A.No.1/2023 wherein it is stated that there is a delay of 181 days in filing the petition on the ground that he is legally separated from his wife Smt.Sharfunnisa and he was under lot of stress from the last three years and on account of matrimonial dispute and issues in his personal life, he was affected emotionally and he voluntarily handed over the custody of the son to his estranged wife.

(2.) Having perused the application, no reason is stated to condone the delay except stating that he was under stress and pressure on account of matrimonial dispute. Hence, I do not find any grounds to condone the delay of 181 days in filing the petition. Accordingly, I.A.No.1/2023 is dismissed.

(3.) However, even on merits the Trial Court passed an order considering the fact that the petitioner in Crl.Misc.No.7/2020 is the son of the present petitioner and no dispute with regard to the said fact and PW1 in her evidence deposed that the petitioner is carrying on furniture and electronic goods business at Bajpe and earning not less than Rs.3.00 lakh per month and the said fact also not disputed by the petitioner herein and nowhere it is contended that he has paid the maintenance and taking care of the son and at the time of filing the petition, he was aged about 11 years and now, he is aged about 12 years and the Trial Court also having taken note of the cost of living, standard of living and education expenses since the respondent is pursuing 6th standard and the petitioner herein has not met any expenses towards educational, cost of living, medical, conveyance charges, clothing and other expenses, awarded an amount of Rs.10,000.00 per month towards maintenance to the minor respondent/petitioner. Hence, I do not find any ground to allow the petition on merit to set aside the order of the Trial Court. Consequently, the revision petition is dismissed.