MASTER ANANT NARAYAN RAI Vs. SIDDARTH RAI

JUDGEMENT

(1.) THE present appeal challenges the order dated 29.8.2012, by which the application for enhancement of maintenance in view of the applicant- plaintiff having joined Scindia School, Gwalior was rejected.

(2.) THE brief facts are that the appellant-plaintiff is the son of the first respondent. The parents of the plaintiff have a matrimonial discord and several litigations are pending before this Court as well as before the Court of competent jurisdiction at Mau, Uttar Pradesh. In one of the orders made by Court at Mau on 17.12.2009, the plaintiff was awarded Rs. 25,000/- towards maintenance which concededly the defendant/respondent has been paying. In other proceedings i.e. CS (OS) 1737/2007 the appellant's mother similarly sought maintenance. Initially, the learned Single Judge granted Rs.30,000/- as maintenance to the mother on 25.3.2010. The appeal preferred against the learned Single Judge was subsequently disposed off on

(3.) THE counsel for the appellant urges that the approach and order of the learned Single Judge is not justified since there is no dispute about the fact that admission in Scindia School was obtained in the year 2012 in which the appellant has been studying. It was submitted that the respondent-defendant who is plaintiff's father can even pay the fees directly to the school. It was urged that the Court should have not taken a narrow technical view relegating the appellant who is a minor to seek relief in another court.