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2018 Supreme(Bom) 659

BHARATI H.DANGRE
Jayashri Samshuddin Talapdar – Appellant
Versus
Samshuddin Karim Talapdar – Respondent


Advocates Appeared:
For the Applicant :Suhas Inamdar, Advocate
For the Respondents:Shantaram A. Tarale, Advocate, Rajan Saliv, APP.

JUDGMENT :

1. The present revision application is filed by the applicant wife being aggrieved by the order of the Sessions Court at Solapur, thereby reversing the order passed by the Judicial Magistrate First Class, Solapur in Criminal Miscellaneous Application No.247 of 2010 dated 23rd July 2012. By the said order passed by the JMFC, an amount of maintenance to the tune of Rs.1,000/- and an amount towards the rent was directed to be paid to the applicant wife. The said order is being assailed by the applicant on the ground that the observations made by the Sessions Court based on the judgment in case of Indra Sarma Vs. V.K.V. Sarma (2013)15 SCC 755) do not take into consideration the true construction and interpretation of the term “domestic relationship” as contemplated under the Domestic Violence Act, 2005. According to the learned counsel, the parameters laid down in the case of D. Velusamy Vs. D. Patchaiammal (2010) 10 SCC 469) have not been applied in true sense and spirit, which has resulted into an erroneous order.

2. In order to appreciate the controversy in hand, it would be necessary to briefly refer to the facts. The petitioner before the Court has moved an application in




















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