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High Court for State of TelanganaFCA/115/2016dismissed no costs

G.S.Kuppuswamy, v. G.K.R.V. Chandan,

2016-09-09Sanjay Kumar,B.Siva Sankara Rao2 pages

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE Dr. JUSTI CE B. SI VA SANKARA RAO F.C.A.No.115 of 2016 JUDGMENT: (per Hon'ble Dr. Justice B. Siva Sankara Rao) The father, by name Sri G.S. Kuppuswamy, of the minor boy, by name Master G.K.R.V. Chandan, represented by mother, Smt. I.S. Sravanthi, as guardian, maintained this appeal impugning the order of the Family Court Judge-cum-V Additional District Judge, Tirupati, in F.C.O.P.No.31 of 2014 dated 16.04.2016 awarding maintenance to the minor at Rs.10,000/- P.M. from the date of petition. It is a claim filed for maintenance to the minor child, a mentally challenged, under the care of the mother against the father at Rs.20,000/- per month besides past maintenance of Rs.14,00,000/- including for treatment.

The learned trial Judge, from the contest and hearing, having considered the independent means respectively of the mother and father of the child, allowed the claim in part by directing the father of the child to pay a sum of Rs.10,000/- per month to be deposited by 10th of every month into the account of the mother of the child in whose care the minor child is and the mother of the child is directed to admit the child in Thakur Hariprasad Research and Rehabilitation Institute for Mentally Handicapped, Hyderabad, or a like specialised one with visiting rights to the father of the child therein.

The only ground raised in the appeal is that instead of ordering to pay the said amount into the account of the mother of the minor child, had it been ordered to pay to the institution where the child is directed to be kept, it would be justified and thus, the said order is unsustainable and requires so to modify. Undisputedly, the child is under the care of the

mother. When such is the case, there is nothing to interfere with the direction to deposit the amount, granted towards the maintenance of the minor child, into the account of the mother to meet the same by her. Hence, the appeal is dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. __________________________ SANJAY KUMAR, J ___________________________ Dr. B. SI VA SANKARA RAO, J Date:09.09.2016 PGS