IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 RPFC.No. 310 of 2007() -------------------- MC.29/2005 of FAMILY COURT, KASARAGOD .................... REVISION PETITONER/RESPONDENT ----------------------------- T.V.KRISHNAN, AGED YEARS, S/O. K.P.KRISHNAN, RESIDING AT ERIKKULA, MADIKKAI VILLAGE, P.O.ERIKKULAM, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): PETITIOENRS -------------------------- 1. T.M.PATTI, AGED 48 YEARS, D/O. KANNAN, RESIDING AT ERIKKULA, MADIKKAI VILLAGE, P.O. ERIKKULAM, HOSDURG TALUK,KASARAGOD DISTRICT. 2. KANAKA @ SHEEBA, AGED 13 YEARS, REPRESENTED BY MOTHER T.M.PATTI, RESIDING AT ERIKKULA, MADIKKAI VILLAGE, P.O. ERIKKULAM, HOSDURG TALUK, KASARAGOD DISTRICT. 3. SURESHKUMAR, AGED 11 YEARS, REPRESENTED BY MOTHER T.M.PATTI, RESIDING AT ERIKKULA, MADIKKAI VILLAGE, P.O. ERIKKULAM,. HOSDURG TALUK, KASARAGOD DISTRICT. ADV. SRI.C.K.SREEJITH FOR R1 AND R2 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ss/. M.N.KRISHNAN,J. ====================== R.P.(F.C) No.310 OF 2007 ====================== Dated this the 15th day of March 2010. O R D E R This revision is preferred against the order of the Family Court, Kasaragode in M.C.No.29/2005. The revision petitioner is the husband who has been ordered to pay maintenance at the rate of Rs.1,000/- to the second petitioner from 18.8.1997 till she attains of the age of majority. The court below first referred the persons for DNA test to find out the paternity of petitioners 2 and 3. The DNA test revealed that the revision petitioner is the biological father of the second petitioner and negatived the same with respect to the 3rd petitioner. Unfortunately litigation has started as early as in 1985 and it has come up in revision. When the court ordered maintenance at the rate of Rs.250/- or so and thereafter in the revision the order was set aside and the matter remitted back to the Magistrate Court from where on establishment of the Family R.P.(F.C) No.310 OF 2007 2 Court it has been transfered to the said court. There is absolutely no discussion or evidence with respect to the means of the person. The attempt of the revision petitioner is to wriggle out of maintenance to 2nd petitioner is on the ground that materials prove that the 1st petitioner was leading a loose life. It cannot be accepted for the reason that a scientific test reveals paternity of the child. The law always seems in favour of finding the paternity and it is not proper to bastardise the children which will create a great havoc in the society. The DNA test has established the factum that the revision petitioner is the biological father of the 2nd petitioner and therefore, I do not propose to disturb that finding. 2. So far as the quantum is concerned, materials are lacking. The court at one point of time fixed maintenance at Rs.250/- and, it is only in 2003, the maintenance limit of Rs.500/- was taken away. It is submitted that he is also a man without much resources. Therefore, taking into consideration all these aspects, I am inclined to refix the R.P.(F.C) No.310 OF 2007 3 quantum of maintenance from 18.8.1997 till 1.7.2003 at the rate of Rs.500/- per mensem, and From, 2.7.2003 till the attainment of majority by the child at Rs.700/- per month. I make it very clear that whenever the child attains majority she will ceased to have entitlement to get maintenance from the father. Disposed of accordingly. M.N.KRISHNAN,JUDGE. mns