The Respondents No, 1 and 2 filed a suit for recovery of maintenance allowance against the petitioner. The petitioner resisted the suit. The learned Judge Family Court on 23.6.2012 passed an order for payment of interim maintenance allowance to the minors at the rate of. Rs,2500/- per head per month. The petitioner failed to pay the said interim maintenance allowance. The learned trial Court on 20.7.2012 decreed the suit directing the petitioner to pay Rs,2500/- to each minor along with 15 % annual increase. Both the parties assailed the said judgment and decree, the learned appellate Court on 18.1.2013 dismissed both the appeals, hence, the present petition.
2. Learned counsel for the petitioner submits that payment of Rs,2500/- to each minor is beyond the financial means of petitioner, learned Courts below have failed to appreciate this aspect of the case. Learned counsel submits that petitioner is a Naib Qasid and his total income is Rs, 15000/- per month. The petitioner has to arrange bread and butter of his second wife and 3 daughters and as such impugned judgments and decrees of both the Courts below arc against law and facts.
3. Learned counsel for the respondents submits that petitioner has failed to pay a single penny till today towards the maintenance allowance of minors. Respondent is bound to arrange maintenance allowance of the minor children.
4. Learned counsel for the petitioner has failed to establish on record whether Rs,2500/- maintenance allowance of one child is excessive. The petitioner himself admits that he is drawing salary of Rs, 15,000/- per month. Admittedly the minor children are children of petitioner, if the petitioner has contracted second marriage and has to earn livelihood of the children and his second wife, it is also the responsibility of the petitioner to pay maintenance allowance to the minors. Admittedly, both the Courts below have the jurisdiction to decide the controversy between the parties. In the constitutional jurisdiction this Court is unable to interfere in the findings of facts.
This petition thus fails and is dismissed.