FATHIMA FIDHA Vs. FAISAL C.P.

JUDGEMENT

(1.) The revision on hand is filed against an order passed by Family Court, Kozhikode on 30.12.2016 in M.C.No.408 of 2016. The above M.C. was filed by the respondent seeking to set aside the order passed by Family Court in M.C.No.265 of 2011 on 08.08.2012, granting maintenance allowance at the rate of Rs.1,500/- per month to a minor girl namely Fathima Fida, who is his daughter. It is contended in the petition that she was put by the next friend who is none other than her mother in an Yatheemghana namely 'Kuttikkattoor Muslim Yatheemghana' and her expenditures including food, dress, treatment and education were met with by the authorities of that institution. It is further contended that the mother is remarried and at present is utilising the monthly maintenance allowance ordered in favour of the minor child for her own personal needs and thereby the purpose intended to be achieved by Section 125 Cr.P.C is defeated.

(2.) The respondent has filed the counter statement denying all the averments as above. It is contended that the minor girl was admitted by her in 'Darul Qur' anil Kareem which is only a residential school meant for imparting education to children and the fee and other expenses of the minor girl are paid by herself.

(3.) In M.C.No.408 of 2018, the petitioner was examined as PW1. Evidence of any nature was not adduced by the respondent. The Family Court after appreciation of the entire evidence declined to pass an order cancelling the order in M.C. No.265/2011 but issued directions as follows: