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Report No. 136

4.11.2. Maintenance can be granted-the contrary view.-

In the High Court of Bombay itself, there is a conflict on this point. One learned Single Judge of the High Court has in 1962 subscribed to the view held by the aforesaid High Courts. But another learned Single Judge has taken a contrary view in 1987 and held that an order far maintenance can be passed in favour of a respondent even in a matter where substantive relief is refused and the main petition is dismissed.1 Later on, another learned Single Judge has fallen in line with this view in 1989.2

1. Manilal v. Smt. Bhanumati, (1987) 1 HLR 229.

2. Sadanand v. Sulochana, AIR 1989 Bom 220.

Conflicts in High Court Decisions on Central Laws - How to Foreclose and how to Resolve Back

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