Suit for recovery of maintenance allowance of minor --- Quantum --- Financial status of father --- Poverty --

2023 YLR 2233 

Suit for recovery of maintenance allowance of minor --- Quantum --- Financial status of father --- Poverty --- Contention of the defendant was that he , being a driver , was a poor person having no stable source of income --- Validity --- Mere poverty was no ground for interference in the order passed by the Family Court passing decree far maintenance allowance of the minor to the tune of Rs . 10,000 / - per month , which amount was neither exorbitant nor unreasonable considering the inflation and cost of living --- No illegality or infirmity had been found in the impugned orders and decrees passed by both the Courts below --- Constitutional petition was dismissed , in circumstances .

Suit for recovery of maintenance allowance --- Decree . not assailed against all decree - holders - Effect - Record of the appeal having been preferred by the petitioner / defendant revealed that he challenged the order and decree passed by the Family Court without arraying the minor as respondent therein --- Said act of the petitioner meant that he had admitted the findings of the Family Court to the extent of relief given to the minor , so he could not take a somersault , before the High Court , on the ground that he had challenged the decree as a whole ---

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