SHAJU JACOB @ CHERIAN Vs. KOCHU THRESYA @ JINCY KURUVILA

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the Family Court, Alappuzha in I.A. No.149/2012. By the impugned order, the Family Court, Alappuzha had directed the appellant, the father, to pay interim maintenance to his minor child at the rate of Rs.1000/- per month with effect from 18/3/2011, the date of the original petition where the decree of divorce and return of gold ornaments and patrimony are claimed. The appellant's defence to the application for interim maintenance was that he was actually paying maintenance to his minor child at the rate of Rs.900/- per month and that his present financial position will not enable him to pay more than Rs.500/- per month. Repelling those contentions, the learned Judge has now ordered payment of maintenance at the rate of Rs.1000/- per month.

(2.) HAVING gone through the impugned order, we are of the view that the rate of Rs.1000/- per month fixed under the impugned order is not excessive. When we made our view known to the learned counsel for the appellant, he submitted that the appellant is aggrieved also by the retrospectability given to the impugned order by the learned Judge. The original petition was filed on 18/3/2010. The application for interim maintenance was filed only on 25/1/2012. The learned counsel requested that the impugned order may be made operative with effect from 25/1/2012 , the date of the application.