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2015 Supreme(Bom) 240

V.M.DESHPANDE
Ashiyabegum – Appellant
Versus
Sk. Khayyum – Respondent


Advocate Appeared:
For the Petitioners:M.V. Salunke, h/f V.D. Salunke, Advocates.
For the Respondents:R1, Mohit Deshmukh, h/f S.G. Chapalgaonker, Advocates, R2, V.H. Dighe, A.P.P.

Judgment

1. The petitioners preferred an application under Section 125 of the Code of Criminal Procedure in the court of Chief Judicial Magistrate, Beed. The said application was registered as Miscellaneous Criminal Application No. 254 of 1996. The said application was presented on 11.7.1996.

In the said application, it was stated that the marriage between petitioner no.1 and respondent no.1 took place prior to five years of filing of the proceedings under Section 125 of the Criminal Procedure Code at Beed. From the wedlock, petitioner no.2 was born and relation between husband and wife is still subsisting.

It was further stated in the application that prior to 15 days of Ramzan of 1996, the petitioner no.1 was assaulted by the respondent and brought one Bayo alias Sultana in the house and drove away the petitioners from the matrimonial house. Resultantly, they are residing in the parental house of petitioner no.1.

It was further stated that no attempt was made by the respondent to provide any maintenance amount, on the contrary, he has kept one Bayo alias Sultana as his wife in the house. It was further pointed out in the application that the respondent is engaged in the wholesale bus































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