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1989 Supreme(Bom) 97

T.D.SUGLA
Siraj Sahebji Mujawar – Appellant
Versus
Roshan Siraj Mujawar & others – Respondent


JUDGMENT - SUGLA T.D., J.:—This Civil Revision Application raises an interesting and a somewhat intricate issue. The parties are Muslims governed by Mahomedan Law. The present application arises out of execution proceedings. Both decree and the appellate order in this case were at the instance of the respondents under the Mahomedan Law.

The respondents herein are the plaintiffs in the original suit. They are the then estranged wife and her two children. A composite suit was filed by them being Regular Civil Suit No. 574 of 1982 in the Court of Joint Civil Judge, J.D., Kolhapur against the petitioner - original defendant husband inter alia for divorce and for the maintenance of the children. The suit was decreed by judgment and order dated June 28, 1984 in terms of which a decree for divorce was passed and the defendant husband was directed to pay a sum of Rs. 100/- p.m. each by way of maintenance of the two children to the divorced wife. The defendant husband accepted the decree. He did not file any appeal thereagainst. He also did not file cross-objections even when the plaintiffs filed appeal inter alia claiming higher amount by way of maintenance allowance for the children. The
















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