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1999 Supreme(Bom) 698

S.S.PARKAR
Jairam Somaji More – Appellant
Versus
Sindhubai Jairam More & others – Respondent


JUDGMENT - PARKAR S.S., J.: This writ petition arises in the maintenance proceedings adopted by the wife-respondent No. 1 under section 125 of the Code of Criminal Procedure.

2. The petitioner and the respondent No. 1 were married sometime in the year 1970 as per the Hindu Law. They cohabited until 4th December, 1979, when they separated by a registered Deed of Divorce which is at Exhibit 22. From the said marriage admittedly a daughter was born who is residing with the petitioner-husband. It is the case of respondent-wife that the petitioner repented for the separation which was effected between them by the Deed of Divorce dated 4-12-1979 and, therefore, there was reunion between them and they entered into an agreement (Exhibit 19) executed on 18th November, 1980. The wife stayed with the petitioner for a period of 1 and ½ years after the said reunion and thereafter she was driven away from the matrimonial home by the petitioner and hence again went back to her father's house in village Dulgaon, Tal. Yeola, Dist. Nashik. Their matrimonial house was in village Thergaon, Tal. Niphad, Dist. Nashik. During her second phase of cohabitation with her husband, she had conceived and given










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