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2023 Supreme(Bom) 975

S. G. MEHARE
Shabbir – Appellant
Versus
Shajahanbegam – Respondent


Advocates appeared:
Prashant B. Jadhav, Advocate, S. B. Solanke, Advocate

JUDGMENT

S. G. Mehare, J. - Rule. Rule made returnable forthwith. Heard the learned counsel appearing for the parties.

2. The applicant/husband has impugned the order of Family Court in Petition E-91 of 2020, dated 17.01.2020. The learned Judge, Family Court, granted the maintenance allowance of Rs.6000/- per month to respondent No.1/wife and Rs.2000/- per month to respondent No.2/daughter.

3. The learned counsel for the applicant vehemently argued that respondent No.1 is not legally wedded wife. She had suppressed her earlier marriage. This material aspect has not been considered by the learned Judge, Family Court, Latur. To bolster his argument, the learned counsel for the applicant relied upon the cases, (i) Umaji Satwji Shep (Died) by L.Rs. versus Gulam Mohmood Gulam Dastgir (Died) by L.Rs, 2022 LiveLaw (Bom) 431 and (ii) Sunder Lal Saini Versus Meena Saini,2021 SCC OnLine Del 4930.

4. He also added that the applicant has suffered head injury in an accident. He fell down from the second floor. Therefore, his earning capacity has been reduced. It has also been argued that the wife/respondent No.1 had the beauty parlour. She has good income to maintain herself.

5. It is further case o

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