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2007 Supreme(Bom) 1339

C.L.PANGARKAR
Rafiuddin s/o Quazi Zainul Abedin – Appellant
Versus
Saleha Khatoon d/o Yaqub Ali – Respondent


Advocates appeared
Mr. A.C. Dharmadhikari, Advocate for the applicant.
Mr. A.D. Vyawahare, Advocate for the respondent.

JUDGMENT.

1. Rule. Returnable forthwith.

2. Heard Finally with consent of parties.

3. This is a revision against the order passed by the Judge, Family Court.

4. The non-applicant in the petition before the family court has preferred this revision application. The respondent herein is the mother of the present applicant Rafiuddin. She was divorced by her husband in the year 1973-74. She submits that she has no source of income and nobody is ready to maintain her and she is living all alone. She claims maintenance from the present applicant.

5. The present applicant resisted the application before the Family Court. He contended that the respondent had sufficient means of maintenance, in as much as she holds large immoveable property. Her husband had given her one time maintenance and since she holds a large property, she is not entitled to claim maintenance. He also submitted that he has very meagre source of income. He has to educate and marry his three daughters. He has to maintain two establishments and he cannot, therefore, pay maintenance.

6. The learned judge of the Family Court found that the respondent has no source of income while the present applica












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