providing physiotherapy treatment to the minor child for the past two years and that the treatment is to continue for a period of 4 to 5 years. Ext.B1 certificate issued by a consultant neurologist shows that the child has cerebral palsy and he needs regular physiotherapy treatment. Exts.B2 to B13 series are the medical records pertaining to the minor child. The trial court referring to these documents, held that the same clearly would indicate that the minor child requires constant medication and physiotherapy. RW2 also deposed that his fees is ₹270/- per sitting. The medical records brought on record indicated that the child required at least ₹2,000/- per month for physiotherapy treatment. Therefore taking into account the physical condition of the child, the trial court opined that considerable amount would be required for the treatment of the child and therefore while fixing the quantum of maintenance, the said factor also needs to be taken into consideration. The respondent being the father, was held to have a duty to maintain his minor child. Though the respondent/husband took up a plea that he is suffering from physical ailments, the trial court from the materials on record found that the only ailment that the respondent had was back pain. The respondent/ husband being a healthy man, was therefore held liable to maintain his minor child.
