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2025 Supreme(Online)(Ker) 56890

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ASMAL JAISE – Appellant
Versus
BABU ABDUL GAFOOR – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.BIJU.P.N.

J U D G M E N T

This Original Petition has been filed challenging the order passed by the Family Court, Kozhikode in M.C.No.268/2022 filed under Section 127 (1) of Cr.P.C.

2. The petitioners are the children of the respondent.

The respondent filed M.C No.154 of 2019 in the year 2019 against the petitioners claiming maintenance. The Family Court granted maintenance to the respondent at the rate of Rs.1,750/- each per month with effect from 16.04.2019. In the year 2022, the respondent filed M.C.No.268 of 2022 to enhance the maintenance under Section 127 (1) of Cr.P.C. The Family Court, after trial, enhanced the maintenance to Rs.7,500/- each per month as per the impugned order. The said order is under challenge in this original petition.

3. I have heard the learned counsel for the petitioners.

4. The respondent is aged 62 years. There is absolutely no evidence to show that he has any job or source of income. Admittedly, the petitioners are engineers by profession and are employed at Gulf. According to the respondent, the 1st petitioner earns Rs.6,00,000/- per month and the 2nd petitioner earns Rs.3.5 lakhs per month. The 1st petitioner admitted that he is drawing a sum of Rs.1,00,000/

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