THEJAS JOSE Vs. K.J. JOSE

JUDGEMENT

(1.) THE revision petitioner is the counter petitioner in M.C. No. 62 of 2009 on the files of the Family Court, Kottayam at Ettumanoor. The above M.C. was filed by the respondent herein, who is the father of the petitioner, under Section 125(1)(d) of the Code of Criminal Procedure Code, claiming maintenance allowance from the petitioner. It is the case of the respondent that he is aged 64 years and, at present, he has no job or income and he is unable to maintain himself. Moreover, he is suffering from so many old age diseases; whereas the petitioner herein is working as an Engineer and earning Rs. 30,000/ - per month. Thus, he has sufficient means to pay maintenance allowance to him. He requires Rs. 5,500/ - per month as his maintenance. He is residing in a rented house and he has to pay Rs. 2,250/ - for his food and Rs. 1,000/ - for his treatment expenses. Now, he is depending on his brother and relatives. Though the respondent has another daughter, she is also not looking after him.

(2.) THE respondent filed a counter statement admitting his paternity; but denied the allegation that the respondent has no means for his livelihood and he is unable to maintain himself. It is his specific case that the respondent had abandoned his family consisting of the petitioner, his mother and sister. Since 1986, the respondent had totally neglected them and refused to pay maintenance allowance to them. So, he has no right to claim maintenance allowance from the petitioner. He was brought up and educated by his mother alone, who was working in Kuwait till 1990. His mother was constrained to leave Kuwait consequent on the Kuwait war and thereafter, the entire family was suffering from financial difficulties; whereas, after abandoning the family, the respondent was leading a wayward life. It is also contended that the respondent is conducting a language institute by name 'Institute of British American Language' and he is earning a substantial amount as fee from the coaching classes which are being conducted in that institution. That apart, he had sold away the landed property having an extent of 80 cents in the year 1994 and thereafter, he is having liquid cash in his hand. In short, the respondent is able enough to maintain himself. According to him, he is getting Rs. 8,000/ - as salary and he has to maintain the family consisting of his mother and sister with that amount.

(3.) THE learned counsel for the petitioner advanced arguments challenging the findings, whereby the court below found that the respondent is entitled to get maintenance allowance from the petitioner. So also, the learned counsel for the petitioner contended that the quantum of maintenance allowance fixed by the court below is excessive and disproportionate with the income of the petitioner.