Additional Sessions Judge T R Naval gave the direction dismissing the city resident's plea against a magisterial court's order to him to pay maintenance to his nine-year-old son.
The man had gone in appeal to the sessions court against the magisterial court's order arguing that a sum of Rs 8,000 for maintenance of nine-year-old child is excessive as no record of expenditure on his education has been filed by his estranged wife.
The court, however, dismissed his petition saying there was no infirmity in the trial court's order and it is the man's duty to maintain his school-going child.
"In the present revision petition revisionist (man) has simply prayed for setting aside the order (of magistrate) vide which the maintenance to the child was granted. He has not prayed for any reduction of maintenance.
"It is the duty of the man to maintain his child who is a school-going one and in the prevailing scenario it cannot be held that Rs 8,000 would be excessive for clothing, food, school fees, tuitions, transportation and medical expenses," the ASJ said.
The man, who is earning over Rs 37,000 per month, had also sought scrapping of the trial court's order arguing that the magistrate had not considered the deductions made in salary.
The court, however, noted that the man's wife has not been granted any maintenance and as the child is staying with her, she has to spend on his clothing, food, school fees and medical expenses.
