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2019 Supreme(Bom) 616

M.G.GIRATKAR
Sadhana – Appellant
Versus
Hemant – Respondent


Advocates Appeared:
Amruta A Ghonge, Adv., R.N. Sen, Adv.

JUDGMENT :

M.G. Giratkar, J.

Heard. Admit. Heard finally with the consent of learned Counsel appearing on behalf of the respective parties.

2. The present revision is against the judgment of 25th Judicial Magistrate, First Class, Nagpur in Miscellaneous Criminal Application No. 1087 of 2009 by which the application of the applicant came to be rejected vide order dated 20th August, 2015. The said judgment was challenged before the learned Sessions Judge, Nagpur in Criminal Appeal No. 235 of 2015. The said appeal came to be dismissed vide order dated 03rd August, 2017.

3. The brief facts, which give rise to filing of the present revision, can be summarized as under -

The applicant/wife had filed an application under Sections 12 and 18 of the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred as "DV Act" for the sake of brevity). The applicant got married with respondent/husband on 15th July, 1999. She delivered two children out of the said wedlock. The respondent had filed petition for restitution of conjugal rights before the family Court. The matter was amicably settled and they started living together on trial basis. Respondent converted the petition for restitu












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