JUDGMENT - CHITRE J.G., J.:---The petitioner is hereby assailing correctness propriety, and legality of the judgment and order passed by the Judicial Magistrate, F.C., Court No. 9. Pune in the matter of Criminal Misc. Application No. 18/1994, which was set aside by the 6th Additional Sessions Judge, Pune.

2. The facts giving rise to the Misc. Petition can be stated as mentioned hereunder in brief :

The present petitioner married with respondent Shivaji Rakhpasare on 29-11-1992 at Pashan, Pune and started cohabiting with him thereafter. She was thereafter left in her parents house by the mother of Shivaji Rakhpasare, her husband. There were attempts to see that these spouses should cohabit as husband and wife amicably but it failed. The petitioner was pregnant, but there was miscarriage and the medical practitioner who examined he opined that the said miscarriage was caused account of lifting of heavy articles. That was correlated by the petitioner with the work of fetching water from water canal, which was at a distance of 100 meters from the house of Shivaji Rakhpasare. The petitioner also alleged that during her stay at her husband's house she was illtreated by her husband Shivaji

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