ATULKUMAR MULSHANKAR JOSHI Vs. MINABEN ATULKUMAR JOSHI

JUDGEMENT

(1.) The present appeal arises against the judgment and order dated 6-1-2009 passed by the Family Court, Ahmedabad in Family Suit No.894 of 2003 whereby the Suit is decreed by awarding maintenance of Rs.4000/- per month to the wife-original plaintiff and Rs.2000/- per month to his son, until he attains the age of majority. It is further ordered by the Family Court that the maintenance at the rate of Rs.4000/- per month to the wife and at the rate of Rs.2000/- per month to his son for the period from 10-11-2001 to 20-8-2002, which is prior to the date of filing of the Suit, shall also be paid.

(2.) We have heard Mr.Soni, learned counsel for the appellant and Mr.Dave for the respondent for final disposal.

(3.) The only contention raised on behalf of the appellant by Mr.Soni is that the appellant has a desire to pay the maintenance,however, the Family Court could not have ordered the maintenance for the period prior to the filing of the Suit. He submitted that the said order could be said as without jurisdiction.