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1994 Supreme(Bom) 201

B.U.WAHANE
Shahnaz Shaharyari alias Shirin Shaharyari – Appellant
Versus
Vijay s/o. Yeshwant Gawande – Respondent


JUDGMENT - B.U. WAHANE, J. :---In this petition under Articles 226 and 227 of the Constitution of India, the petitioner Smt. Shahnaz Shaharyari alias Shirin Shaharyari takes exception to the execution proceedings pending before the Family Court at Bombay, being Regular Darkhast No. 186 of 1993 in M.J. Petition No. A-702 of 1990, and alternatively prayed for transfer of the proceedings to a competent Court at Nagpur to try along with other pending proceedings.

2. During the course of arguments, I felt that the unfortunate couple is living separate and fighting in the Court of law for their children. The marriage being a social duty towards the family and community, I persuaded the learned Counsel to call both the spouses and ask them to settle the matter amicably. Both the learned Counsels of the parties were of the same view and, therefore, the spouses were called and persuaded by me and the learned Counsels to make the marriage a success by compromise and adjustment. The persuation of we all bore no fruits and, therefore, I proceeded to hear the matter.

3. The facts of the case, in brief, which are relevant for the disposal of this petition, are as follows :

The petitioner is a citi

















































































































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