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2012 Supreme(Bom) 2096

T.V.NALAWADE
Pratibha – Appellant
Versus
Bapusaheb – Respondent


Advocates appeared:
For the Petitioner:S.J. Salunke, Advocate.
For the Respondents:R1, Shambhuraje Deshmukh h/f. V.D. Salunke, Advocates, R2, N.R. Shaikh, APP.

Judgment :

1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. The petition is filed under Articles 226 and 227 of the Constitution of India, to challenge the judgment and order of Criminal Appeal No. 35/2009, which was pending in the Court of Additional Sessions Judge, Osmanabad. The appeal challenging the order made by J.M.F.C., Bhoom in Criminal Mis. Application No. 141/2008 filed under section 12 of the Domestic Violence Act, 2005 [hereinafter referred as the "Act" for short] is allowed by the Sessions Court. The protection order and maintenance order made by J.M.F.C. in favour of the petitioner are set aside by Sessions Court.

3. It is the case of the petitioner that she is the second wife of respondent. She cohabited with respondent for 4-5 years after the marriage in his house, where he was living with first wife. It is her case that the respondent and his first wife drove her out of the matrimonial house on 1.11.2007 after giving severe ill-treatment to her. It is her case that, respondent was asking her to bring money and gold ornaments from her parents and was compelling her to do hard labour work. It is her case that she was me















































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