J. MIZNA KHATOON Vs. J. MOIN AHMED KHAN

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dt.5/1/2022 in OS (SR) No.9952 of 2021 wherein and whereby the trial Court returned the petition as not maintainable, filed under Sec. 26, Rule 1 CPC, read with Sec.7 of Family Court Act, with a direction to the respondent to pay a sum of Rs.15,00,000.00 towards marriage expenses.

(2.) Heard learned counsel for the petitioner who submits that though he relied on the Judgments of Apex Court and the Judgment of High Court of Kerala in support of his case, the Court below without considering the said Judgments and without stating any reasons has returned the petition as not maintainable. The Judgments relied on by the petitioner are as follows;

(3.) The Kerala High Court in an identical case in Mat.Appeal No.69 of 2015 by order dt.3/12/2021 held that the petition is very much maintainable since petitioner is a Muslim claiming marriage expenses from the respondent/father. But the trial Court without considering the Judgments cited by the petitioner, without recording any reasons held that the petition is not maintainable which is erroneous.