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1995 Supreme(Bom) 304

A.V.SAVANT, P.S.PATANKAR
Sunita Rajendra Nikalje – Appellant
Versus
Rajendra Eknath Nikalje – Respondent


JUDGMENT - P.S. PATANKAR, J. :—-The marriage between appellant-wife and respondent-husband came to be solemnized according to Buddhist Rites on 17-1-1988. The couple was blessed with a daughter by name Sampada born on 15-12-1986. The delivery took place at the place of appellant's parents which is situated nearby the matrimonial house. Thereafter the appellant resumed cohabitation. However, on 24-2-1989 the respondent left appellant and the daughter at appellant's parents house and was not allowed to return. The appellant filed Petition No. PE-1964/89 for her maintenance and for maintenance of the daughter under section 125 of Criminal Procedure Code. The respondent filed Petition No. PE/969/89 for restitution of conjugal rights. The application filed by the appellant for maintenance and the petition filed by the respondent came to be heard together. The learned Judge of the Family Court granted maintenance for the daughter at the rate of 100/- per month from 16-4-1989 and refused for the petitioner. The petition filed by the respondent for restitution of conjugal rights was decreed on 20-1-1991.

2. The respondent filed Petition No. PA/116/92 on 15-2-1992 claiming divorce under sec













































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