UPENDRA SINGH @ OMJI Vs. ABBYAN SINGH @ KANHAIYA

JUDGEMENT

(1.) The appellant Upendra Singh @ Omji, has preferred this First Appeal under Sec. 19 of the Family Courts Act against the judgment and order dated 26 Sept. 2016 passed by the Principle Judge, Family Court, Jalaun at Orai in Original Suit No. 26 of 2014 (Abbyan Singh and another Vs. Upendra Singh and another) whereby the court below has awarded Rs. 3,000.00 per month for medical expenses and Rs. 1,000.00 per month for maintenance to Abbyan Singh (respondent no. 1).

(2.) The brief facts which are requisite to be stated for the adjudication of the present appeal are that a regular suit was filed under Sec. 20 of the Hindu Adoptions and Maintenance Act for getting maintenance of their minor son (respondent no. 1) claiming Rs. 7,000.00 per month, who is residing with respondent no. 2, Smt. Poonam Raje. It is averred that marriage of respondent no. 2, Smt. Poonam Raje was solemnized with appellant Upendra Singh @ Omji on 17 Nov. 2010 according to Hindu rites and rituals, and out of the said wedlock, one male issue namely Abbyan Singh @ Kanhaiya was born, who is 18 months old at present. Unfortunately, he is suffering from heart disease and there is shrinkage and hole in the valve of his heart. The appellant did not provide him the medical treatment. Respondent no. 2, who is teacher in a school, however managed to give treatment but the expenses are very high and cannot be afforded by her. The appellant is doing business and he possesses Tractor, Scorpio, used taxi, J.C.B. Machine and also agricultural land from which his annual income is more than Rs. 13 lakhs and, therefore, the respondents seek relief for grant of maintenance and lastly prayed that defendant be directed to give Rs. 7,000.00 per month in lieu of maintenance, treatment and education of their minor son.

(3.) The defendant filed a written statement and pleaded inter alia that he has paid Rs. 2,50,000.00 for the medical treatment of respondent no. 1; that respondent no. 2 left his house without any reason and also used to under estimate him; that respondent no. 2 is teacher and earning Rs. 35,000.00 per month and her father is a rich person and business-man who possesses agricultural land also.