BINU Vs. DHANALAKSHMI

JUDGEMENT

(1.) COUNTER petitioner in MC.No. 41/2012 on the file of the Family Court, Thiruvananthapuram is the revision petitioner herein.

(2.) THE petition for maintenance under section 125 of the Code of Criminal Procedure (herein after called the Code) was filed by the respondent who is the minor daughter of the revision petitioner through her mother claiming enhanced maintenance under section 127 of the Code.

(3.) THE revision petitioner appeared and filed counter stating that the earlier maintenance application was disposed of on the basis of compromise and he is paying the maintenance amount as per the compromise without default. He is a manual labourer and not conducting any bakery business as alleged and he is also suffering from several illnesses like diabetics, hyper tension and kidney stone etc. The mother of the child is also bound to maintain the child and certain extent of the property was also transferred as per the compromise on the assurance that she will maintain the child. So, she is not entitled to get any enhancement and he prayed for dismissal of the application.