JUDGMENT - DABHOLKAR N.V., J.:---While considering Family Court Appeal No. 12/2003 (Bhausaheb v. Leelabai)1, Division Bench of this High Court (Coram : B.H. Marlapalle and V.G. Munshi, JJ.), felt satisfied that issue raised by the appellant-husband requires consideration by a larger Bench of this Court. Hence, after passing an elaborate order on 17-2-2003, the Division Bench directed the Additional Registrar (Judicial) to place the matter before the Hon'ble the Chief Justice for appropriate orders, under Rule 7 of Chapter I of the Bombay High Court (Appellate Side) Rules, 1960, for a reference to a larger Bench. The Hon'ble the Chief Justice, on the matter being placed before his Lordship, was pleased to constitute a Full Bench and that is how the present reference was heard and its being disposed of by this Full Bench.

2. Brief factual matrix of the litigation should be stated herein so as to appreciate how the point of controversy under reference arose and was referred.

Petition No. C-39/2001 was filed by Leelabai against appellant Bhausaheb for maintenance under section 25 of Hindu Marriage Act, 1955 (Hereinafter referred as H.M. Act for the sake of brevity). The same was decided

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