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2013 Supreme(Bom) 1642

T.V.NALAWADE
Salt. Jaishree w/o. Premnath Gavandar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Shri S.G SHINDE, Adv. for Applicants.
Shri P.P. MORE, APP for State.
Shri SK. ASHPAK PATAEL, Adv. for Respondent no.2.

JUDG MENT

Revision is admitted and heard for final disposa1.

2. The revision is filed against judgment and order of petition bearing No.E238/10 which was pending in family Court, Aurangabad. The proceeding was filed u/s 125 of Cr.P.C. by applicants. The family Court has granted relief of monthly maintenance in favour of applicant no.2 Master Harsh but application of applicant no.1 Smt. Jaishree is dismissed. Both sides are heard.

3. This Court has gone through the record of family Court. Applicant no. 1 Jaishree has given admission that her so-called marriage with present respondent no.2 was in Gandharv form. Thus, she admits that there were no rites or ceremonies of the marriage.

Respondent no.2 has admitted that Master Harsh was born to Jaishree from him. Due to these circumstances, family Court has rejected application of Jaishree and had granted maintenance at the rate of Rs.1000/- to the son of applicant no.1.

4. Family Court has taken support of observations made by this Court in case reported in 2010 (5) LJSOFT (URC) 13, in the case of Sau. Manda R. Thaore V/s Ramaji Ghanshyam Thaore. On this point, case reported in AIR 2005 Supreme Court 1809 (1) : [2005 ALL MR (Cri) 1309 (S.C








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