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2011 Supreme(Mad) 4300

C.T.SELVAM
Subramani – Appellant
Versus
Dhanalakshmi – Respondent


Appearing Advocates:
For the Petitioner:C.S. Saravanan, Advocate.
For the Respondent:P. Valliappan, Advocate.

JUDGMENT :

1. This revision challenges the order of the learned Judicial Magistrate I, Sankari, passed in M.C.No.11 of 2007 dated 10.06.2011.

2. By an order in M.C.No.11 of 2007 dated 10.06.2011, the Court below taking into consideration the factual admitted position that the mother of the respondent is the second wife whilst the first wife is alive, had denied maintenance to such mother. However, accepting the claim for maintenance as regards the respondent who is the daughter of the petitioner born through the second wife, the Court below has awarded maintenance in a sum of Rs.1,500/- p.m. In doing so, it has taken into consideration the admission of the petitioner that he owned 9 acres of land and also the position that the respondent had no separate means of income. The Court below also took into consideration the contention of the respondent that she could not continue her education owing to not having means and that such position was not seriously disputed by the petitioner.

3. Learned counsel for the petitioner would urge that property stands settled in the name of the respondent under the Will of the grand father and thus she has independent source of income. Learned counsel



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