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2014 Supreme(Bom) 2220

T.V.NALAWADE
Syed Akram Ali – Appellant
Versus
Rubina Begum – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:A.N. Ansari, Advocate.
For Respondents/Defendant:G.N. Chincholkar, Advocate.

ORDER

1. Heard learned counsels for both the parties.

2. The Petition is filed to challenge the Judgment and Order passed in Criminal Appeal No. 73 of 2012, which was pending in the Court of 3rd Additional Sessions Judge, Aurangabad. In the proceedings filed under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short Domestic Violence Act), direction is given against the present Petitioner, husband to return Dahej (Jahez) articles to the Respondent or to pay Rs. 2,00,000/- in lump sum towards the price of those articles to the present Respondent.

3. It is the case of the wife that the articles given in Jahez, which include ornaments, are in the custody of the husband and he has not returned those articles though the parties are living separate. In the proceedings filed under Domestic Violence Act, many reliefs were claimed but the aforesaid relief is granted by the Sessions Court in Criminal Appeal. This relief was refused by learned J.M.F.C. by making some observations on the basis of the record of compromise.

4. Both the sides showed relevant record to this Court and some argument was advanced on the basis of provisions of the Domestic Violence Act. It












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