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2016 Supreme(Bom) 2095

V.K.JADHAV
Musthtaq Noormaohammad Shaikh – Appellant
Versus
Ayesha @ Nagama Mushtaq Shaikh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. R.A. Tambe
For the Respondent: Mr. S.N. Rodge

JUDGMENT :

V.K. Jadhav, J.

Rule. Rule made returnable forthwith. Heard finally with consent of the parties at the admission stage.

2. Being aggrieved by the judgment and order passed by the learned Judicial Magistrate First Class, Rahata dated 25/3/2014 in Criminal Misc. Application No. 17 of 2012 and the judgment and order passed by the learned Additional Sessions Judge, Kopargaon dated 22/1/2015 in Criminal Appeal No. 1 of 2014, confirming thereby the order passed by the learned Magistrate, the original non-applicant no.1/husband has preferred this Criminal Writ Petition.

3. Brief facts giving rise to the present Writ Petition, are as follows :-

Respondent no.1-wife got married with the petitioner on 25/10/2009. Respondent nos. 2 and 3 are the children born to them out of the marital relations. However, respondent no.1 was subjected to cruelty on account of non-fulfilment of the unlawful demand of Rs.1,50,000/- for purchasing a car by the petitioner and others.

On 6/11/2011, she was driven from the house by the petitioner for non-fulfilment of the said demand of Rs.1.50 Lakh for purchase of car. She was subjected to various forms of cruelty, as detailed in the application filed before




















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