Subair vs Pareechante Purakkal Fathima 33 … on 16 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat Appeal No. 630 of 2007()


1. SUBAIR, 37 YEARS, S/O.CHINGORA BEERAN
                      ...  Petitioner

                        Vs



1. PAREECHANTE PURAKKAL FATHIMA  33 YEARS,
                       ...       Respondent

2. SUFAIRA MOL, D/O.SUBAIR, 10 YEARS(MINOR)

3. SUNEER, S/O.SUBAIR, 6 YEARS (MINOR)

                For Petitioner  :SRI.K.K.MOHAMED RAVUF

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :16/11/2007

 O R D E R
       KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
           ----------------------------------------------
               Mat.Appeal No.630 of 2007
           ----------------------------------------------
              Dated 16th November, 2007.

                       J U D G M E N T

Kurian Joseph, J.

All that the appellant is worried and aggrieved is

that the amounts already paid to the respondents towards

maintenance have not been taken into consideration by the

Family Court, while passing the order under appeal dated

9.4.2007, in O.P.No.735/06. On a perusal of the order also,

we find that there is no reference to the contention of the

appellant. If as a matter of fact, the appellant has paid any

amounts, for the period of 36 months now ordered to be

paid, the appellant is entitled to have the said amounts set

off against the claim for past maintenance. Since it is only

a matter for verification, it is for the appellant to move the

Family Court itself, in which case, the Family Court will

consider the grievance of the appellant on merits. The

judgment under appeal shall not stand in the way of the

Mat.Appeal No.630/07 2

Family Court conducting an enquiry on the request of the

appellant with regard to the above grievance.

The Mat.Appeal is disposed of as above.

KURIAN JOSEPH, JUDGE.

HARUN-UL-RASHID, JUDGE.

tgs

KURIAN JOSEPH &

HARUN-UL-RASHID, JJ

———————————————-

Mat.Appeal No.630 of 2007

———————————————-

J U D G M E N T

Dated 16th November, 2007.