Law: Family Courts Act, 1964

Section: 5,17A(4), Schedule

Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. & S.17-A(4)---Suit for recovery of maintenance allowance---Quantum of maintenance allowance---Scope---Financial status of father; documentary proof ---Scope---Petitioner/father contended that both the courts below had ignored his salary slip tendered in the evidence and decreed maintenance allowance to the tune of Rs. 5000/- each for two minors---Validity---Section 17-A(4) of the Family Courts Act, 1964 stipulated that in order to fix maintenance allowance of the minors, Family Court could summon the relevant documentary evidence from any organization , body or authority to determine the estate and resources of the defendant---Record revealed that both the Courts below had not discussed any document on the basis of which they determined the financial status of petitioner for fixation of the quantum of maintenance for minors---Section 17-A(4) of the Family Courts Act, 1964, provided that paramount duty of the Family Court was to keep in mind the financial status of the father before fixing quantum of maintenance---Financial status and resources of father (petitioner) and his capacity to pay could only be ascertained through summoning of documentary evidence from the concerned organization, body or authority where he was employed---Both the Courts below had failed to do so---Record showed that the petitioner had tendered in his documentary evidence the salary slip in the Court, but the same was not reflected in the impugned s---Without discussing said material piece of evidence, Family Court had decided the issue of quantum of maintenance which was contrary to the law---No could be passed without discussing the evidence---Both the Courts below had not adverted to the said salary slip of the petitioner which showed his net pay as Rs. 18,252/- while the petitioner also had to support his ailing mother and other family members as well as his handicapped daughter who was living withhim---Verbal assertion of the wife that the monthly income of the husband was Rs. 35,000/- had not been substantiated by any documentary evidence---Documentary evidence would exclude the oral evidence---High Court modified the…

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