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1988 Supreme(Bom) 2

S.M.DAUD
Sunanda Chandrakant Karanjkar – Appellant
Versus
Chandrakant Bhaskar Karanjkar & another – Respondent


JUDGMENT - S.M. DAUD, J.:---This petition impugns the reversal of an order for maintenance passed in favour of the petitioner in proceedings initiated under section 125 read with section 127 of the Code of Criminal Procedure, 1973.

2. The petitioner and respondent No. 1 are wife and man respectively, joined in that union at Chalisgaon on 31-5-1978. The marriage has been an unhappy one right from inception. The petitioner instituted a proceeding under section 125 Cri.P.C. in the Court of J.M.F.C. at Chalisgaon, which proceeding was registered as Criminal Miscellaneous Application No. 22 of 1979. In this application, it was alleged that the husband though possessed of sufficient means had refused and neglected to maintain the wife who was not in a position to maintain herself. The husband contested that far from his not wanting the wife to live with him or maintain her, it was that lady who had deserted him soon after the marriage and had refused to return back. The learned Magistrate who learned who heard the 1979 application dismissed it and the wife's revision to the Sessions Court met with no better result. The husband having succeeded, it was now his turn to give a dose of her ow












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