IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 RPFC.No. 137 of 2007() ---------------------- AGAINST THE ORDER IN MC.110/2005 of FAMILY COURT ERNAKULAM .................... REVISION PETITIONER/RESPONDENT: -------------------------------------------------------- BABY, AGED 42 YEARS, S/O.RAJAPPAN, MASAMPADANNAYIL HOUSE, VALIYAPALLAMTHURUTH, PARAVOOR VILLAGE, ERNAKULAM DIST. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT(S): STATE: -------------------------------------- 1. ATHIRA, AGED 7 YEARS, D/O.BEENA, ITTIMATTATH HOUSE, KONGORPILLY P.O., ALANGAD, ERNAKULAM DISTRICT, REPRESENTED BY HER MOTHER BEENA, DO. DO. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.V.BIJUMON FOR R1 & 2 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN,J. ===================== R.P.(F.C) No.137 OF 2007 ===================== Dated this the 14th day of January 2010. JUDGMENT This revision is preferred against the order of the Family Court, Ernakulam in M.C. No.110/05.The minor girl aged 6 years had claimed maintenance from the father and the Court had ordered for payment of Rs.900/- as maintenance. It can be seen from the order that the father was prepared to even deny the paternity of the child . He moved the application for DNA test later withdrew it and would contend that he has filed a consolidated proceeding for declaration of paternity of the child by way of O.P and it is pending before the Court. Since paternity of the child is a subject matter in a fulfledged proceeding. I do not want to make any observations in this case. Now the only remaining question is the quantum of maintenance. The father is a driver admittedly. According to him he is only having an income of above Rs.3,375/- but the Family Court made an assessment of itself fixing the income as Rs.300/- per day. I do not find any mistake committed by the Family Court for the reason that the pay structure, the daily allowances and collection Batta are components of a driver's emoluments and Rs.6,000/- can be safely R.P.(F.C) No.137 OF 2007 2 stated to be reasonable income. It is true that he has to maintain one of his child as well as his mother. The petitioner is a girl who had started going to school and she has to be educated and therefore a maintenance of Rs.900/- per month to such child by any stretch of imagination cannot be said to be on the higher side. Therefore, I decline to interfere, the revision lacks merits and hence dismissed. M.N.KRISHNAN,JUDGE. mns