IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 RPFC.No. 17 of 2007() ------------------------------- M.C.NO.147/2006 DATED, 13.10.2006 ON THE FILE OF THE FAMILY COURT, MALAPPURAM. REVN. PETITIONER / RESPONDENT ----------------------------------------------- MELETHIL ABDUL NAZER, S/O. MUHAMMED (LATE), AYYARPOYIL, CHANDAKUNNU P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS / PETITIONERS ---------------------------------------------- 1. MELATHIL SAFARUNEESA @ SARAFUNEESA, D/O. KUNHIMOIDEEN, VADAPURAM P.O., MAMBAD AMSOM, NILAMBUR TALUK, MALAPPURAM DISTRICT. 2. AFEEFA, AGED 14 YEARS, (MINOR), (MINOR PETITIONER IS REPRESENTED BY THE GUARDIAN MOTHER 1ST PETITIONER.) ADV. SRI.K.P.MUJEEB THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON 10/03/2010 PASSED THE FOLLOWING: M.N.KRISHNAN,J. ====================== R.P.(F.C).No.17 OF 2007 ====================== Dated this the 10th day of March 2010. O R D E R This revision is preferred against the order of the Family Court, Malappuram in M.C 147/2006. The minor child moved an application for enhancement of maintenance from Rs.300/- to Rs.4,500/- and the court has awarded a sum of Rs.1,500/- as the maintenance. It is against that decision the father has come up in revision. 2. The perusal of the award would reveal that the original order of maintenance was passed in 1996, fixing the amount at Rs.300/-. At that time, the child was only 4 years and now he has grown up and he is 14 years old. It is submitted that he is studying in a good school which necessitates van charges, school fees etc. to the tune of Rs.1,335/- per month, It is good that education is given in a good school. But the paying capacity of the father is also an important ingredient that has to be considered. According to the father, he is working as temporary driver in R.P.(F.C).No.17 OF 2007 2 the school where the child is studying and is only having daily wages of Rs.80/-. So, the earning capacity of the father is a necessary criteria for fixing the enhancement. After going through the materials available, I feel little reduction can be had and therefore, I reduce the order of maintenance from Rs.1,500/- to Rs.1,200/- from the date of petition. In the result R.P.(FC) is partly allowed and the order of maintenance granted is reduced from Rs.1,500/- to Rs.1,200/- payable from the date of petition. Disposed of accordingly. condone dismissed M.N.KRISHNAN,JUDGE. mns