A single judge of Kerala High Court directed to set aside the enhancement of Maintenance amount at 10% annually.

From Para 3,

3. In the M.C, the 1st petitioner had adduced oral evidence as PW1 and marked Exts.A1 to A10 as documentary evidence. On the respondent’s side, oral evidence was adduced by him as RW1 and Exts.B1 to B11 were marked as documentary evidence. The Family Court has appreciated the above evidence and allowed the M.C granting monthly maintenance allowance at the rate of Rs.10,000/- to the 1st petitioner and Rs.7,000/- to the 2nd petitioner, from the date of the petition. The Family Court has also directed the respondent to pay a lumpsum of Rs.30,000/- at the beginning of every academic year before June 30th subject to enhancement at the rate of 10% yearly to the 2nd petitioner for her education with effect from the date of the petition.

From Para 16,

16. The Family Court has ordered the monthly maintenance allowance in favour of the 2nd petitioner as Rs.7,000/- and directed the respondent to pay the same and also an additional sum of Rs.30,000/- within June 30th of every academic year subject to 10% increase annually. The said direction undoubtedly is an unjustifiable one and will not sustain for the reason that the monthly maintenance allowance contemplated under Section 125 Cr.P.C will take within it’s sweep all genuine expenses of the child viz. expenses for education, food, shelter, medicine etc. and therefore, a court while fixing it shall take into account all possible and reasonable expenditures of a child. Therefore, if a lumpsum amount is fixed by the Family Court as payable, undoubtedly it would take care of all reasonable expenditures of the child. Moreover, the direction to pay Rs.30,000/- annually to the 2nd petitioner, in every academic year in addition to a lumpsum amount ordered as payable towards monthly maintenance allowance, is devoid of any basis.

From Para 17,

17. The Family Court has fixed the monthly maintenance allowance payable to the 2nd petitioner as Rs.7,000/- after duly considering the educational expenses also. Therefore the direction to pay Rs.30,000/- as additional sum only to meet the educational expenses is devoid of merits and liable to be set aside.

Finally,

In the result, both revisions are allowed in part. The monthly maintenance allowance stands ordered in favour of the 1st petitioner by the impugned order is modified and reduced to Rs.7,000/- and that to the 2nd petitioner is modified and enhanced to Rs.10,000/-. The direction to pay Rs.30,000/- before 30th June of every academic year subject to 10% enhancement annually is set aside.

Index of Maintenance Judgments under Sec 144 BNSS is here.