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2016 Supreme(Bom) 1733

R.M.SAVANT
Anil Ambashankar Joshi – Appellant
Versus
Reena Anil Joshi – Respondent


Advocates Appeared:
For the Petitioner: Shri. Hitesh Vyas, Shri. Abhijeet Sarwate.
For the Respondents: Shri. Vivek Kantawala, Shri. Amey Patil, Vivek Kantawala & Co.

JUDGMENT :

1. Rule. Having regard to the nature of the challenge raised made returnable forthwith and heard.

2. The writ jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the order dated 08.10.2015 passed by the Learned Judge of the Family Court5, Pune, by which order, the application Exh.18 which has been filed to discard the evidence sought to be adduced by the Respondent by way of affidavit and direct her to step in the box and lead her own evidence which came to be rejected is taken exception to by way of the above Petition.

3. It is not necessary to burden this order with unnecessary details. Suffice it would be to state that the impugned order has arisen out the proceedings filed under Section 125 of the Criminal Procedure Code (For short “Cr.P.C.”)by the Respondent. The Petitioner and the Respondent were married on 12.05.1995 and in around January 2005 they started living separately on account of the estrangement between them. The Petitioner is the husband and the Respondent is the wife. The Respondent filed Petition for divorce on the grounds mentioned therein. The said Petition was numbered as P. A. No.103 of 2008 and is pending adju
















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