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1978 Supreme(Bom) 115

DHARMADHIKARI, AGRAWAL
Jacob Harold Aranha and another – Appellant
Versus
Mrs. Vera Aranha and another – Respondent


Advocates appeared:
Owen Menezes, for Petitioners; M. D. Angal, for Respondent No. 1; J. A. Barday, Public Prosecutor for the State.

Judgement

DHARMADHIKARI, J. :- Respondent No. 1 in this application filed a complaint against the petitioners under S. 494 of the I.P.C. According to respondent No. 1 she was legally married to the petitioner on 10th of May 1964. For some days thereafter they lived together and then she was forced to leave the house of her husband and go to reside with her mother. It is her case in the complaint that since then she is living with her mother. It is also her case that the petitioner No. 1 was in the habit of developing illicit intimacy with different women from time to time. Originally accused No. 2 was employed by him as a domestic servant several years back. However, she was being treated as his mistress. She also came to know that accused No. 2 had given birth to a child on or about 30th Jan. 1975. When she made inquiries in this behalf she came to know from the Church record that accused Nos. 1 and 2 had been shown as father and mother of the child in question and accused No. 1 had stated that he and accused No. 2 had married some time previously. She has further made a statement in the complaint itself that she will examine the representative from the Church for this purpose. She














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