K. MUHAMMEDASLAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Order of Family Court, Kasaragod dated 27.11.2019 in M.C.No.39/2019 is under challenge in the revision on hand by the respondent/husband. Miscellaneous Case was filed by the grandmother seeking for grant of Rs.10,000/- for maintaining and meeting the educational expenses of her minor grandchild aged 10 years who is studying in 5th standard in Apsara School, Deli.

(2.) The Family Court allowed the M.C. in part and directed the respondent to pay Rs.6,000/- as monthly maintenance from the date of M.C. Aggrieved thereby, the husband has filed this revision seeking to set aside the order.

(3.) It is urged by Sri.Rahul Sasi, the learned counsel in the revision that the order under challenge is patently wrong, illegal and is the outcome of an erroneous appreciation of evidence. According to him, the court below failed to consider an agreement marked in evidence as Annexure-A1, wherein the Revision Petitioner and the mother of the 3 rd respondent has agreed to pay a fixed sum of Rs.2,500/- per month. Therefore, the entitlement is only to receive Rs.2,500/-. According to him, against the term agreed to as above the revision petitioner is paying Rs.3,500/- as monthly maintenance and the claim now raised for a higher sum is totally unjust.