IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 RPFC.No. 272 of 2009() ---------------------- MC.201/2007 of FAMILY COURT, ETTUMANOOR .................... REVISION PETITIONER/COUNTER PETITIONER ---------------------------------------------------------- SEBASTIAN @ SEBY MAVARA HOUSE, PALLIKUNNU P.O., VARATHARAPALLY, TRICHUR, NOW RESIDING AT MAVARA HOUSE, PANDAPPALLY P.O., THOTTAKKARA, MUVATTUPUZHA. BY ADV. SRI.REJI GEORGE SMT.MANJU RAJAN RESPONDENT(S): PETITIONER ------------------------- SALPRIYA SEBY (MINOR), D/O. SEBY @ SEBASTIAN, MANGALATHU KAROTTU HOUSE, KATTAMPAKKU P.O., NJEEZHOOR, KOTTAYAM, REPRESENTED BY HER MOTHER AND GUARDIAN MARY VARKEY. THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- R.P.(FC)No.272 of 2009 -------------------------------------- Dated this the 22nd day of July, 2009. ORDER This revision is in challenge of order dated 11.2.2009 enhancing maintenance payable to respondent, daughter of petitioner studying in tenth standard at the time of application, from Rs.300/- to Rs.1,000/- in addition to the interest the minor is getting from a deposit of Rupees one lakh in her name. Originally wife of the petitioner and respondent, the daughter claimed maintenance from him in M.C.No.169 of 1998 and as per Ext.P1, order dated 29.3.1999 maintenance was awarded to them at the rate of Rs.500/- per month for the wife and Rs.300/- per month for respondent, the daughter. While so, wife filed O.P.No.189 of 1999 as per which the whole issue was settled between the parties and petitioner deposited Rupees one lakh in the name of respondent for her maintenance. Respondent is getting Rs.500/- by way of interest from that deposit. Claiming that she is now studying in the tenth standard and that she has to spend Rs.6,000/- per month for food and other basic needs, respondent filed M.C.No.201 of 2007 in the court below seeking enhancement. Petitioner contended that in view of the compromise in O.P.No.189 of 1999 he had deposited Rupees one lakh in the name of respondent and therefore he is not bound to maintain respondent. He also pleaded his inability to raise any such amount as claimed by the respondent. Court below on evidence found that respondent is entitled to enhancement of RP(FC)No.272/2009 2 maintenance to Rs.1,000/- per month in addition to the interest she is drawing from fixed deposit and accordingly allowed the petition. It is contended that petitioner has no liability to pay the enhanced maintenance and at any rate, he is unable to do so. 2. Ext.D1 is the copy of the compromise decree in O.P.No.189 of 1999. As per Ext.D1 petitioner is depositing Rupees one lakh in the name of respondent. So far as respondent who is a minor is concerned, her right for future maintenance cannot be curtailed or contracted away by any such agreement. Certainly the interest being obtained from the fixed deposit has to be taken into account while deciding the quantum of maintenance or the enhancement sought for. It has come in evidence that respondent was studying in the tenth standard (now she is studying for plus one). What she gets from the fixed deposit by way of interest is only is Rs.500/- per month, certainly not sufficient to meet her educational expenses and other needs. 3. So far as capacity of petitioner is concerned, it is not disputed by him that he has atleast 1.14 acres of garden land and another 38 cents of paddy land as proved by Exts.D3 and D4 series. It has also come in evidence that he has married another lady and has begotten a child. Exts.D5 and D6 are produced to show that petitioner was undergoing treatment for some time. That RP(FC)No.272/2009 3 does not incapacitate him to pay Rs.1,000/ per month as maintenance to the respondent. Going through the order under challenge and hearing learned counsel I find no reason to interfere. Revision petition is dismissed. THOMAS P.JOSEPH, Judge. cks