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2009 Supreme(SC) 1239

ALTAMAS KABIR, CYRIAC JOSEPH
Dawalsab – Appellant
Versus
Khajasab – Respondent


Advocates Appeared: For the Appellant:Girish Ananthamurthy, P.P. Singh, Advocates For the Respondent:Shankar Divate, Advocate.

Judgment :-

Altamas Kabir, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 12th March, 2008, passed by the Karnataka High Court in Revision Petition (FC) No.27/2007 (Crl. Misc.) dismissing the same. The said revision petition had been filed against the order passed by the learned Judge, Family Court at Bijapur, on 9th February, 2007, in Crl. Misc.No.187 of 2004, dismissing the petition filed by the appellant under Section 125 Cr.P.C.

3. The appellant is the father of the respondent and had filed the aforesaid petition under Section 125 Cr.P.C. for payment of monthly maintenance of Rs.5,000/- from the respondent on the ground that having become old and not having any source of income, he was unable to maintain himself, whereas the respondent was an employee of the Anjuman College, Syndagi and was well off. The said petition was dismissed as indicated hereinabove.

4. In the revision filed by the appellant before the High Court, the High Court was of the view that the learned Family Judge had not committed any error of law or material irregularity which would warrant interference with the impugned order. The High Court proceeded on the basis that th























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