BALAKRISHNAN Vs. USHA

JUDGEMENT

(1.) The revision petitioner herein is the respondent in M.C. No. 195/2009 on the files of Family Court, Palakkad. The above petition was filed under section 127 of the Code of Criminal Procedure for enhancement of monthly maintenance allowance granted earlier to the 2nd respondent herein, who is the son born to the revision petitioner in his extra marital relationship with the 1st respondent.

(2.) According to the respondents the 2nd respondent is the son of the revision petitioner so, the revision petitioner is legally liable to pay maintenance allowance to him and the same was accepted in the earlier M.C. No. 88/1997 and the revision petitioner was directed to pay maintenance allowance at the rate of Rs. 450/- per month to the 2nd respondent. But, the said order was passed in the year 1999 and the said amount is not sufficient to meet the present living and educational expenses of the 2nd respondent; whereas presently the revision petitioner is getting a monthly income of Rs. 8,000/- apart from his income from properties. The 2nd respondent claimed an amount of Rs. 2,500/- per month.

(3.) The revision petitioner herein contended that he is working as a security guard and getting a monthly income of Rs. 3,000/- only and he is not in possession of any immovable assets. He denied the allegation that the maintenance amount which is being received by the 2nd respondent is not sufficient to meet their needs.