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2020 Supreme(Bom) 527

ROHIT B.DEO
Premdeep – Appellant
Versus
Bhavana – Respondent


Advocates Appeared:
Shri Kshitij Surve, counsel for petitioner, for the Appellant; Shri N.B. Bargat, counsel for respondent, for the Respondent

JUDGMENT

1. Heard.

2. Rule. Rule is made returnable forthwith with consent.

3. The petitioner is assailing the common order dated 16.2.2019, rendered by the learned Judge, Family Court, Akola in Petition E-143/2015 below Exh. 58 and Exh. 69, whereby the said applications are rejected.

4. Application Exh. 58 was preferred seeking modification of the order dated 16.7.2016, whereby the petitioners wife - the respondent herein, was granted interim maintenance. Application Exh. 58, was preferred on the premise that the wife obtained the order dated 16.7.2016, fraudulently. The petitioner averred in application Exh. 58, that the wife stated falsehood on oath and deliberately suppressed that she was employed with HDFC bank on monthly salary of Rs. 11,450/- not including the commission. In essence, application Exh. 58 contends that the order of interim maintenance is vitiated by fraud. Application Exh. 69, was preferred seeking modification of the same order dated 16.7.2016, for reasons other than those in application Exh. 58. The learned Judge, Family Court, was pleased to dismiss the applications. The contention of the petitioner that the order of interim maintenance was obtained by fraud

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