When the plea moved by a minor child (petitioner), represented by her mother, challenging the family court order came up for hearing before him, Justice P Velmurugan granted the increase in maintenance after noting that the Family Court judge failed to consider the present cost of living. He added that the child’s father failed to establish that the petitioner and her mother had sufficient income to maintain themselves without financial support from the man.

As per the appeal moved by the child, her parents have been living separately for the past few years and she is under the custody of her mother. Her father, employed as an engineer in Southern Railways, is drawing more than Rs one lakh per month. However, he was not taking care of her.

Hence, her mother filed a petition before the VI Additional Principal Judge, Family Court, Chennai, seeking maintenance of Rs 12,500 per month. However, the judge, without considering the cost of living prevailing as on date, ordered Rs 5,000 per month as maintenance, leading to the present appeal seeking enhancement of the award amount.

The counsel appearing for the father submitted that the mother of the petitioner had filed a petition under Domestic Violence Act against the man, and has been receiving Rs 15,000 per month as interim maintenance for herself and the minor child.

Objecting to the plea seeking to enhance the maintenance amount, the advocate added in his submission that the petitioner’s mother had voluntarily left the matrimonial home and that the father was ready to take care of the child.