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2003 Supreme(Bom) 368

D.B.BHOSALE, V.G.PALSHIKAR
Sucheta Dilip Ghate & another – Appellant
Versus
Dilip Shantaram Ghate – Respondent


JUDGMENT - BHOSALE D.B., J.:---The appellants have challenged the order dated 7th February, 2002 passed by the Family Court, Pune, below Exhibit "1" in Petition No. PC-76/2000. The Family Court by the aforesaid order has returned the said petition filed by the appellants, who are wife and daughter of the respondent, for its presentation in proper Court holding that it has no jurisdiction to entertain the same.

2. Appellant No. 1 married to the respondent on 27th December, 1991. The marriage was solemnized under the provisions of the Special Marriage Act, at Pune. Appellant No. 2 is a daughter of appellant No. 1 from her first husband. Admittedly, the marriage of appellant No. 1 with the respondent is her second marriage. After marriage appellant No. 1 had gone to Ahmedabad and started residing with the respondent in the matrimonial house. After marriage the respondent adopted appellant No. 2 at Pune and she also started residing at Ahmedabad with appellant No. 1 and the respondent. Initially, for few months they led very happy married life and as usual the differences started between them which compelled the appellants to leave matrimonial house. It is the case of the appellants tha












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