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2021 Supreme(Bom) 742

M.G.SEWLIKAR
Sahebrao – Appellant
Versus
Kalpana – Respondent


Advocates appeared:
A.D. Kasliwal, Advocate, A.R. Devkate, Advocate

JUDGMENT

M.G. Sewlikar, J. - Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the admission stage.

2. By this application, respondent husband in Criminal Misc. Application No. 2887 of 2013 is challenging order passed by the learned Judicial Magistrate First Class (Court No. 11), Aurangabad dated 03/01/2019 below Exh. 54, thereby rejecting the application Exh. 54.

3. Facts for the purpose of disposal of this application can be succinctly stated as under :

Applicant No. 1 is the husband of respondent No. 1. Their marriage was solemnized on 5.5.1992. Their marriage is on the rocks therefore, applicant No. 1 and respondent No. 1 filed a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. However, the said application did not reach its logical end as the respondent withdraw her consent. Thereafter, respondent No. 1 filed application under Section 18 (a) (f), 19 (f) and (8) and 20 (b) & (d) of the Protection of Women from Domestic Violence Act, 2005 (DV Act). Respondent No. 1 claims that respondent Nos. 2 and 3 are the children born out of the wedlock.

4. Applicant No. 1 caused his appearance in the said petition un

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