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2020 Supreme(Bom) 1039

A.S.CHANDURKAR, N.B.SURYAWANSHI
Durgaiya Pocham Sullewar – Appellant
Versus
Aruna – Respondent


Advocates:
Advocate Appeared:
For the Appellant :N.A. Biala, Advocate.
For the Respondent:P.M. Chandekar, Advocate.

JUDGMENT :

N.B. Suryawanshi, J.

1. This appeal is directed against the judgment and decree passed by the Family Court No. 4, Nagpur in Petition No. B-30/2012 in favour of the respondent - Aruna.

2. Brief facts necessary for decision of the present appeal are as follows:-

    Respondent – Aruna approached Family Court by filing Petition No. B-30/2012 under Section 7 (g) [(g) appears to be wrongly quoted] of the Family Courts Act, 1984 read with Section 151 of the Civil Procedure Code, 1908, contending therein that she is legally wedded wife of appellant - Durgaiya and their marriage was solemnized on 11.07.1979 at Nagpur as per the Hindu rites and customs. During the cohabitation of Aruna and Durgaiya, she gave birth to three male children. Durgaiya was suspecting her character and used to level false allegations against her. He used to demand Rs.20,000/- from her and used to beat her. On 10.09.1994, on account of demand of Rs.20,000/-, Aruna was beaten mercilessly by Durgaiya, who poured kerosene on her and drove her out of the matrimonial house. The marriage between Aruna and Durgaiya is not yet dissolved by decree of any competent Court, and therefore, their relationship as husband and w

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