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2008 Supreme(Bom) 1056

S.S.SHINDE
SYED YOUNUS s/o DADAMIYA – Appellant
Versus
JABEEN w/o SYED YOUNUS @ JABEEN d/o SHAIKH SAGIRODDIN – Respondent


Advocates:
ADVOCATE APPEARED:
For petitioner: S. S. Kazi
For respondents: S. P. Shah holding for N. B. Suryawanshi

ORAL JUDGMENT :-

Rule. Rule made returnable forthwith. By consent of the parties, the matter is taken up for final disposal at the admission stage.

2. The present petition is directed against the final judgment and order dated 8-2-2007 passed by the learned Additional Sessions Judge, Ahmednagar in Criminal Revision No. 171 of 2005. The brief facts of the case are as under :

3. The petitioner and the respondent No.1 are Muslim by religion and their marriage was solemnized on 27-12-1991. Out of the wedlock, one son and two daughters are begotten. The relations between the parties were strained. The petitioner has sued the respondent for restoration of conjugal rights and during pendency of the proceedings, the respondent-wife had taken "Khula" and the petitioner-husband had relieved her from the marital tie on 1-7-2003.

4. The respondent-wife filed a Criminal Application No. 20 of 2004 claiming maintenance for herself, a son and two daughters, under section 125 of the Code of Criminal Procedure before the learned J.M.F.C. The petitioner appeared before the learned J.M.F.C. and stated that the wife has taken Khula from the petitioner and the petitioner has relieved the respondent-wife fr






















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