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2017 Supreme(Online)(KER) 26006

HIGH COURT OF KERALA
SUNIL THOMAS, J
vs


Advocates:
SRI.S.DILEEP (KALLAR)

JUDGMENT

Petitioner herein is a minor aged 9 years represented by her mother and guardian. The mother of the minor and her husband got divorced pursuant to mutual consent. A compromise petition was signed by both parties in O.P.No.1444 of 2007 of Family Court, Ernakulam. Certain amounts were paid pursuant to the settlement. Thereafter, petitioner herein through the mother filed M.P.No.276 of 2016 in M.C.No.128 of 2016 claiming maintenance. It was stated therein that, at the time of settlement, a sum of Rs.2,00,000/- was given claiming that the child needs more money pursuant to the certain ophthalmic treatments, which he had to undergo. An application was filed for maintenance. The application was dismissed by the court below making severe comments against the mother of the petitioner herein. The court came down on her heavily on the premise that she suppressed the material facts and that an experimental litigation was launched by her. Court thereafter proceeded to dismiss the application with cost quantified at Rs.10,000/- payable to DELSA, Ernakulam. Petitioner herein has approached this Court aggrieved by the strong observations made by the court below, imposition of cost and als

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