BALASUBRAMANIAM Vs. MINOR KANISHKA

JUDGEMENT

(1.) Material on record discloses that the respondent/wife and minor daughter, have filed M.C. No. 12 of 2012 on the file of the learned District Munsif-cum-Judicial Magistrate, Paramathy, contending that the marriage between the parties was solemnised on 5.2.1995. The couple were blessed with two children, a son and daughter, At the time of filing of M.C. No. 12 of 2012, children were stated to be 17 years and 5 years respectively. Contending inter alia that husband/petitioner, has neglected the respondents and failed to provide maintenance, M.C. No. 12 of 2012 has been filed. Husband, has objected for grant of maintenance on the ground inter alia that the respondent/wife, had refused to live with him and that she had illicit intimacy with one Gunasekaran, the then Vice President of the Panchayat.

(2.) Before the Court below, wife examined herself as P.W. 1 and marked Exs. P1 to P8. Husband/revision petitioner examined himself as R.W. 1 and marked Exs. R1 and R2. The Court below after considering the oral and documentary evidence, and in particular, an ex parte decree of divorce in HMOP No. 214 of 2012 dated 4.1.2009, wherein, there is reference to the alleged conduct of the wife in having illicit intimacy with one Gunasekaran, declined to grant maintenance to the wife. However, having regard to the entitlement of the minor daughter, awarded maintenance of Rs. 3,800 per month, from the date of filing of M.C. No. 12 of 2012.

(3.) Though Mr. B. Vasudevan, learned Counsel for the petitioner assailed the correctness of the order granting maintenance to the child, as it is without any basis, and further contended that the Court below has failed to consider the avocation and inability of the petitioner to pay the said quantum of compensation, this Court is not inclined to interfere with the impugned order of maintenance granted to the minor daughter, for the reason that the said amount cannot be said to the grossly excessive. Taking into consideration the cost of living, inflation and such other factors, which determine a decent living, and in the interest of minor girl, for meeting the expenses for basic amenities, food, shelter, clothing, a parent has to incur considerable expenditure. A parent has to incur expenditure for providing education also.