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2018 Supreme(Bom) 1459

MANGESH S.PATIL
Dnyaneshwar Eknath Kachre – Appellant
Versus
Sunita W/o Dnyaneshwar Kachre – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. C.R. Thorat
For the Respondent: Mrs. Shubhangi D. More

JUDGMENT :

Rule. The rule is made returnable forthwith. With the consent of parties, the matter has been heard finally.

2. This is a Writ Petition under Article 227 of the Constitution of India preferred by the husband, being aggrieved and dissatisfied by the Judgment and order dated 12.06.2017 passed by the learned Additional Sessions Judge, Aurangabad in Criminal Revision Petition No. 222 of 2014, quashing and setting aside the Judgment and order passed by the learned Judicial Magistrate First Class, Aurangabad in Misc. Criminal Application No. 67 of 2009 preferred by the respondent wife under Section 125 of the Code of Criminal Procedure, whereby the learned Magistrate was pleased to reject the application. Learned Additional Sessions Judge awarded maintenance to the respondent-wife @ Rs. 3,000/- per month from the date of the application as well as Rs. 3,000/- by way of costs. In order to avoid confusion, the parties are herein after referred to as husband and wife.

3. The facts as are necessary for decision of the Writ petition are to the effect that the couple was married in the year 2003. They cohabited well for a period of two years and thereafter the husband allegedly started



























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