RAJU Vs. AKSHARA, (MINOR D

JUDGEMENT

(1.) Respondent in OP No.1009/2002 on the file of Family court, Thrissur is the appellant herein. OP is filed before the Court below by the minor child through her mother seeking for past and future maintenance from the appellant, who is the father. The relationship between the parties is not in dispute. According to the petitioner in the OP, she was deserted by the appellant for a quite long time and when she filed an application before the Magistrate Court seeking maintenance, the matter was settled agreeing to pay maintenance @Rs. 500/- to the minor child, but he did not pay the same as well. He is engaged in arranging laboratories of schools and getting a monthly income of not less than Rs. 50,000/- per month. He is also taking classes and getting income. He is not paying any maintenance from 5/3/2004 onwards. So the claim was made at the rate of Rs. 6,000/- per month towards past and future maintenance, and that the child was studying in 4th standard, apart from expenses for maintenance, the school expenses should also be met by the appellant herein.

(2.) Appellant, who is the respondent in the Court below entered appearance and filed counter admitting the marriage and birth of the child. According to him, a document has been executed whereby they have separated and he had remarried also. Joint petition for divorce was filed and it was granted. An amount of Rs. 3 lakhs was paid to the mother of the child as per the settlement and he denied the allegation that he is getting more than Rs. 50,000/- per month. Further, the mother is having her own job and is getting good salary and so he is not liable to pay maintenance. He prayed for dismissal of the application.

(3.) The mother of the respondent was examined as PW1 and the appellant himself was examined as RW1 and Exts.A1 to A4 were marked on the side of the respondent. After considering the evidence on record, the Court below come to the conclusion that the appellant is having capacity to pay maintenance and he is liable to pay maintenance to the child and fixed the monthly maintenance @Rs. 3,000/- for past maintenance for 36 months and @Rs. 4,000/- from the date of petition as future maintenance and also directed to pay past maintenance with interest @6% from the date of order till realisation. This order is being challenged by the appellant.