Chander Mohan Khullar vs Smt. Kiran khullar and another

S.D. Bajaj, J.—Vide order dated September 29, 1987 learned Additianal District Judge granted to Munna alias Samarth minor child of Kiran Khullar from the loins of the Petitioner Chander Mohan, maintenance at the rate of Rs. 300/- per mensem from April 7, 1983 to September 28, 1987 and at the rate of Rs. 500/- per mensem from September 29, 1987 onwards in terms of Sections 125 of the Code of Criminal Procedure recoverable from his natural father aforesaid.

Only prayer made before me is for reducing the amount of maintenance on the ground that the present Petitioner has married another women and has to support his parent''s the newly wedded wife and a young child from her as well and. therefore, the amount awarded as maintenance to the child from the previous wife is excessive.

According to the Petitioner''s own saying he is earning Rs. 1500/-per mensem. The only laihability on April 7, 1983 was his wife Kiran Khullar since divorced, who is herself an earning member and the minor child Munna, born during the subsistence of the married wed lock. Monthly maintenance at the rate of l/5th of the earnings of the Petitioner was thus rightly fixed for the minor child. It could in law be fixed somewhere between 1/3rd to 1/5th of the Petitioner''s income and the Petitioner cannot have any grouse because it was fixed at the minimum admissible rate with effect from April 7, 1983, the date of application.

Learned Additional Sessions Judge rightly observed that the child has since grown up and being six years of age, on the date of the order, needs more money for schooling The maintenance amount was thus enhanced to Rs. 500/- per mensem instead of Rs 300/- per mensem initially sanctioned. The added amount of Rs. 200/- is the normal schooling expenses in any good educational institution at Ludhiana the place where the child is residing and studying. It is well recognised obligation of the father to make suitable arrangement for education of his son when the child gets of school going age Increase of maintenance from 1/5th to 1/3rd of the Petitioner''s earnings on this, score is thus wholly justified and there is no tengible legal ground to reduce it.

Self created problems of marrying another women and having children through her cannot be availed of by the Petitioner to starve the Respondent-child through his previous wife. Dismissed.