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2006 Supreme(Bom) 1370

J.H.BHATIA
Kausarbi w/o. Kasim Mulla – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mrs. A.N. ANSARI, Advocate for the Petitioner.
Shri. S. P. DAUND, A.P.P. for Respondent No. 1.
None for Respondent No.2.

JUDGMENT:-

Heard learned counsel for Petitioner and Respondent No.1.

2. It may be noted that Mr. Kishor Ghute Patil, was advocate for respondent No.2 husband. However, on 26-7-2006, he had submitted a note to the Registrar of this Court informing that. as per the directions given by this Court to deposit the arrears of maintenance amount, he had communicated the order to Respondent No.2 but he had not complied with the directions and thereafter, by notice dated 12-9-2003, he had informed Respondent No.2 that he was withdrawing from this petition and he had also returned the brief to Respondent No.2 with a request that he should make arrangement for conducting the case. Notice was served on him. However, inspite of that Respondent No.2 did not make any arrangement for appearance on his behalf. As such none is present for Respondent No.2.

3. Admittedly, the petitioner and Respondent No.2 were married some times in 1984 and out of this wedlock, they have also a son namely Arif. The petitioner and her minor son had filed Criminal Misc. Application No.1281 1986 on 16/12/1986 U/s.125, Cr.P.C. claiming maintenance against Respondent No.2. In that application Respondent No.2 filed a written



















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