Revision application challenging a Family Court order granting interim maintenance under Section 125 Cr.P.C. Dismissed at admission stage as no interference warranted. Court directed expeditious disposal of the maintenance petition.
Revision Application dismissed at admission stage with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION
REVISION APPLICATION NO. 476 OF 2010
Mr. Muzaffar Hussain Ansari.
... Applicant.
V/s.
Mrs.Rukhsana @ Misba Muzaffar Ansari & Ors. ... Respondents.
Mr. Jayant Gaikwad for the Applicant. Ms. Dolly Mendonca for Respondent 1. Mrs. M.M. Deshmukh, APP for State.
CORAM : R.Y. GANOO, J.
DATED : 16th MARCH 2011.
P.C. :-
The Respondent herein had filed Petition No. E-367 of 2009 for maintenance against the Petitioner under Section 125 of Cr.P.C. The learned Judge of the Family Court has on the Interim application No. 172 of 2009 at Exhibit 5 passed an order dated 2nd August 2010 directing the Petitioner to pay to the Respondent a sum of Rs.3,000/- by way of an interim maintenance from the date of the application i.e. 28th July 2009. The Petitioner – husband has filed this Petition so as to challenge the said order.
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specific averment that the Petitioner is having three shops and he is getting substantial rent from the said shops. The learned Judge of the Family Court has considered this aspect. The Petitioner claims that he has been working in a private firm as a labour supervisor and he is earning a sum of Rs. 5,000/-. The Petitioner has produced a certificate in the nature of salary certificate.
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(R.Y. GANOO, J.)
3 issues framed by the court
Whether to interfere with the Family Court's order granting interim maintenance to the Respondent.
Whether the Applicant was required to produce bank pass-book to prove financial turnover.
Whether the impugned order should be allowed or dismissed.
1 provisions across 1 enactments
Mr. Muzaffar Hussain Ansari
Mrs. Rukhsana @ Misba Muzaffar Ansari
R.Y. GANOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
