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1980 Supreme(Bom) 19

C.S.DHARMADHIKARI, R.S.BHONSALE
Isak Chanda Palkar – Appellant
Versus
Nyamathi W/o Isak Palkar and others – Respondent


JUDGMENT - DHARMADHIKARI C.S. J.: - It is an admitted position that respondent Nyamatbi was married to the petitioner on 4th September 1953. It is also an admitted position that thereafter the petitioner remarried and had a second wife. It appears from the record that the respondent, wife was living with her parents and the petitioner was paying Rs. 30 per month to her towards maintenance. After coming into force of the new Code of Criminal Procedure in 1974 the respondent filed an application under section 125 of the Code on or about 16th of April 1974 As soon as this application was filed, the petitioner husband pronounced divorce on 14th June 1974 and also offered to pay an amount of Rs. 2,500 towards agreed Mahr and Rs. 150 as maintenance for Iddat period of three months. This amount was sent by the money order. The said money order was refused by the respondent wife some time on 17th of July 1974 Thereafter the petitioner deposited the amount of Rs. 2,650 in the Court on 13th August 1974.

2. In the application filed by the wife it was contended by her that the petitioner husband is carrying on business of scrap and was a rich person. He had constructed a building by sending one





















































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