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2017 Supreme(Bom) 2092

V.M.DESHPANDE
Jayant S/o Bhaduji Wasnik – Appellant
Versus
Swarnalata w/o Jayant Wasnik – Respondent


Advocates Appeared:
For the Applicant :Mr. S.G. Karmarkar, Advocate.
For the Non Applicant :Mr. S.T. Dhurvey, Advocate.

JUDGMENT :

M. Deshpande, J.

1. Rule. Rule is made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

2. The applicant is original non applicant in the proceeding bearing Petition No.E296/2014, which is decided by the learned Judge, Family Court No.3, Nagpur dated 22.08.2016.

As per the impugned order, the present applicant was directed to pay an amount of Rs. 4,000/- per month to the present non applicant towards maintenance from the date of order i.e. from 22.08.2016.

3. Marriage between the applicant and non applicant was solemnized on 25.11.2012 at Gurunanak Bhavan, Nagpur. Relations between the parties are not disputed. It is also not in dispute that the present non applicant is only a housewife. The submission on the part of the learned counsel for the applicant is that proper opportunity was not granted to the present applicant. Therefore, the applicant was unable to present his case properly before the learned Judge, Family Court. Therefore, the present revision is required to be allowed and the matter is required to be remanded back for giving an opportunity to the applicant.

4. Mr. Dhurve, learned counsel for the non applicant invited my atten






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