Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 10TH DAY OF MARCH 2023 / 19TH PHALGUNA, 1944 ARISING OUT OF THE COMMON JUDGMENT IN O.P 2280/2018 AND M.C REVISION PETITIONER/S:
1 SMITHA AGED 34 YEARS MAVUNKAL HOUSE, SOUTH PARUR P.O, UDAYAMPEROOR VIA, ERNAKULAM, PIN - 682307 2 AARON AGED 7 YEARS S/O SHANOJ M STANLY, REPRESENTED BY MOTHER AND NATURAL GUARDIAN SMITHA, AGED 34 YEARS, MAVUNKAL HOUSE, SOUTH PARUR P.O, UDAYAMPEROOR VIA, ERNAKULAM, PIN - 682307 3 NEHA AGED 2 YEARS REPRESENTED BY THE MOTHER AND NATURAL GUARDIAN SMITHA, AGED 34 YEARS, MAVUNKAL HOUSE, SOUTH PARUR P.O, UDAYAMPEROOR VIA, ERNAKULAM, PIN - 682307 BY ADVS. NIKITA NAIR C.S. PRAVEEN.H. K.S.SMITHA T.T.SHANIBA M.V.VIPINDAS AMAL DEV D G.HARIHARAN
RESPONDENT/S: SHANOJ M STANLY AGED 41 YEARS MADATHIPARAMBIL HOUSE, SOUTH THAMARAPARAMBU, AMARAVATHY, FORT KOCHI, ERNAKULAM, PIN - 682001 BY ADV G.RANJITA THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 10.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 10th day of March, 2023 The limited challenge in this revision petition is with respect to the mistake committed by the family court in fixing the date from which the arrears of maintenance is to be paid by the respondent. Learned counsel for the petitioners submitted that, instead of directing the respondent to pay the maintenance from the date of petition, the family court directed to pay maintenance only from the date of order. In the light of the law laid down by the Hon'ble Supreme Court in Rajnesh vs. Neha [(2021) 2 SCC 324] , the right to claim maintenance relates back to the date of filing of the petition. Therefore the direction to pay maintenance should be from the date of petition. As I have already set aside the impugned order in RPFC N0.283/2022, while passing the fresh orders the learned Family Court Judge shall fix the liability to pay maintenance from the date of filing of the petition. Sd/- V.G ARUN JUDGE SJ