BIJU Vs. ADITHYA

JUDGEMENT

(1.) The revision on hand is filed against an order passed by Family Court, Ernakulam on 13.10.2015 in M.C.No.55 of 2013. The revision petitioner is the respondent before the Family Court in M.C.No.55 of 2013. M.C.No.55 of 2013 was filed under Section 127 of the Code of Criminal Procedure (for short 'the Cr.P.C .') seeking for modification of the order passed in M.C.No.351 of 2008 on 28.02.2009, granting Rs.500/- as monthly maintenance.

(2.) The parties to this revision are referred to hereinafter as the respondent and the petitioner in accordance with their status in the M.C on the files of the Family Court.

(3.) Smt.Leela. R, the learned counsel for the respondent has contended that the amount of maintenance originally awarded was enhanced to Rs.4,000/- payable monthly without adverting to the respondent's financial capacity to pay the same. According to her, at the time when the present M.C was filed seeking modification, the child was studying only in 5th standard. The minor girl, in favour of whom, maintenance was awarded was in the custody of her grand parents, who are financially well. The mother of the minor girl was re-married and staying away with her husband.