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Bombay High CourtAPPLN/5999/2014disposed off

Pandit S/O Aba Lokhande v. Smt Gitabai W/O Aba Lokhande

2015-09-02Hon'Ble Shri Justice Nitin W. Sambre2 pages

239.14crvn -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 239 OF 2014 WITH CRIMINAL APPLICATION NO. 5999 OF 2014 Pandit s/o Aba Lokhande, Age: 60 years, Occ: Agri. & Business, R/o. Bhavsingpura, Aurangabad.

...Applicants versus Smt. Gitabai w/o Aba Lokhande, Age: 80 years, Occ: Nil, R/o. Bhavsingpura, Aurangabad

...Respondent

.....

Mr. U.S.Malte, Advocate for applicant .....

CORAM : N.W. SAMBRE, J.

DATE : 2nd SEPTEMBER, 2015 ORAL ORDER :

The present petitioner, pursuant to the order passed by the Judge, Family Court, Aurangabad on 15/09/2014 awarding maintenance of Rs. 10,000/- per month in favour of respondentmother, has sought to canvass that the findings recorded by the Family Court are perverse. According to him, the order of maintenance passed against the son-applicant is without any evidence on record. So as to substantiate his contentions, Mr. Malte, learned Counsel for the applicant has taken me through the entire observations made by learned Judge, Family Court and has sought

239.14crvn -2to seek support from record and proceedings so as to canvass that the respondent-mother had independent source of income. 2.

Having perused the observations made by Family Court and having compared with the same with that of record and proceedings, it is required to be noted that mother Gitabai in her cross examination has deposed that she has no independent source of income, as the entire land was sold by her in favour of present applicant. She has also deposed that she is at the age of 80 and is required regular medical treatment. The present applicant, in his cross examination, has admitted that his mother Gitabai is suffering from various ailments and there is no other source of income. 3.

In view of above, considering the income of present applicant from various sources, awarding of maintenance of Rs.10,000/- per month, in my opinion, is reasonable. No case for interference is made out. The Revision Application fails, stands dismissed.

4.

In view of dismissal of Revision Application, Criminal Application No. 5999 of 2014 for stay is disposed of. [ N.W. SAMBRE, J. ] Tupe/02.09.15