IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 RPFC.No. 121 of 2009() ---------------------- MC.287/1995 OF FAMILY COURT, KOZHIKODE .................... REVISION PETITIONER/RESPONDENT ------------------------------------------------ ABOOBACKER, 53 YEARS, S/O.AHAMMEDKUTTY, CHEMBRAKUNNATH (H), RAROTH AMSOM, THAMARASSERY. BY ADV. SRI.TOMY JOHN VETTATH RESPONDENT(S): PETITIONER ------------------------------------ 1. SUBAIDA, 36 YEARS, D/O.KALLAYI AHAMMEDKUTTY, VELLANKUNNUMMAL (H), MANAL VAYAL, KAITHAPOIL, PUDUPPADY, KOZHIKODE (DT). 2. SUBIRA, 14 YEARS, (MINOR), D/O.SUBAIDA, REP. BY MOTHER IST RESPONDENT. THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P(F.C.) NO. 121 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of April, 2009. O R D E R This revision is preferred with a prayer challenging the grant of order of maintenance to the child at the rate of Rs.750/- from 22.7.05 onwards. The maintenance case is of the year 1995 and the child was aged 1½ years at the time of the filing of the application. The Court below considered that an amount of Rs.40,000/- has been received and held that it can be adjusted as the maintenance paid for 10 years and therefore restricted the order of maintenance after 10 years commencing from 22.7.05 onwards. I think the approach done by the Family Court is absolutely correct for the reason it had properly given credit to the amount already given as Rs.40,000/- for a period of 10 years. Now, the child is studying in 9th standard. The necessity has become high. In order to maintain a child when she has passed 14 years, especially being a girl child, an amount of Rs.750/- per month cannot by any stretch of imagination be said to be on R.P(F.C.) NO. 121 OF 2009 -:2:- the higher side. The girl is to become a major soon. So taking into consideration all these aspects I do not propose to interfere with the decision rendered by the Family Court directing the father to pay a sum of Rs.750/- to the daughter from 22.7.2005 onwards. The R.P.(F.C) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-