THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4130 of 2009 ORDER: The petitioner is the husband of the respondent. Both of them had a child, who is said to be seriously ill. For one reason or the other, the petitioner and the respondent are living separately and the child is with the respondent. The respondent filed F.C.O.P.No.164 of 2009 in the Family Court, Hyderabad under the Hindu Adoption and Maintenance Act claiming maintenance at the rate of Rs.30,000/- per month for both of them. She filed I.A.No.414 of 2009 claiming a sum of Rs.25,000/- per month towards maintenance of the child. It was pleaded that the health condition of the child is seriously impaired and a sum of Rs.25,000/- per month is needed for his treatment and care. The petitioner opposed the application. The trial Court passed an order dated 05.06.2009, awarding a sum of Rs.15,000/- per month towards medical expenses. The same is challenged in this revision. Learned counsel for the petitioner submits that the affidavit filed in support of the I.A. is silent as to the nature of treatment or the expenditure involved therefor and still the trial Court awarded the amount just on the basis of its own conclusions. She contends that the respondent is equally responsible for the maintenance of the child and before any amount is directed to be paid, there must be objective assessment of the same. Learned counsel for the respondent on the other hand submits that the child was produced before the leaned Family Judge and it is only after seeing the condition of the child that the Court arrived at a conclusion that a minimum of Rs.15,000/- is needed per month. It is rather unfortunate that the petitioner and the respondent are living separately at a time, when their child is suffering from serious impairment. Irrespective of the reasons for such a condition, being the father of the child, the petitioner is under obligation to provide necessary funds therefor. The respondent filed I.A. claiming a sum of Rs.25,000/- per month. The affidavit is as vague as it could be. Neither the statement of the expenses incurred for purchase of medicines, providing other services etc. is furnished nor the nature of treatment is mentioned. The trial Court no doubt had an occasion to see the child. However, it is not at all safe for a Judge to jump to a conclusion as to the amount that is needed for treatment of the child. It is only a Medical Practitioner or an established Hospital that can express its views on these aspects. Even now, such an exercise can be undertaken. All the same, a minimum of Rs.5,000/- would be needed to take care of a child of that condition. Therefore, the civil revision petition is partly allowed and the order under revision is modified to the effect that the petitioner shall be under obligation to pay a sum of Rs.5,000/- (Rupees Five Thousand Only) per month and in addition to that, the health condition of the child shall be got assessed by the petitioner and the respondent together by a reputed Child Care Hospital, within a period of one month from today. The expenditure for the assessment of the health condition of the child and for treatment therefor shall also be born by the petitioner, as and when directed by the trial Court, on perusal of such material. There shall be no order as to costs. __________ 23.08.2010 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4130 of 2009 Date: 23.08.2010 JSU