MANU KHANNA Vs. V P SHARMA

JUDGEMENT

(1.) The present revision is directed against an order of the of quantum of interim maintenance fixed in the impugned order dt. 26.06.2006 passed by the Metropolitan Magistrate (hereafter called "the trial court").

(2.) The brief facts necessary to decide this application are that the mother of the petitioner Dr. Poonam Khanna married the Respondent no.1 on 18.01.1979; the petitioner was born out of the wedlock on 26.11.1981. The case of the Petitioner as represented by his mother is that he is mentally challenged and is also suffering from a chronic form of epilepsy. He has physical ailments of kidney and Bronchial Asthma. It is claimed that for survival and upkeep, he requires special treatment at Escorts and a nurse to assist him to lead a normal and dignified life.

(3.) The trial court, by its impugned order, fixed Rs. 5000/- as interim maintenance. The court premised this on the declared income of the respondent father, who stated that he enjoyed a monthly income of Rs. 20,000/-