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2022 Supreme(Bom) 1583

MANISH PITALE
Sudeep Suhas Kulkarni – Appellant
Versus
Abbas Bahadur Dhanani – Respondent


Advocates Appeared:
For the Petitioners: Mr. Gauraj Shah a/w. Ms. Priyanka Sinha and Ms. Simran Grover i/b. ANP.

ORDER :

1. Heard Mr. Shah, learned counsel for the petitioners.

2. This petition is filed under the provisions of the Guardians and Wards Act, 1890, seeking various reliefs. The facts of the present case are peculiar.

3. Petitioner No.2 and the respondent were married on 14.08.2005 and minor child was born on 06.08.2011. The petitioners have specifically asserted that although the minor child was born during the subsistence of the marriage between petitioner No.2 and the respondent, as a matter of fact, petitioner No.1 is the biological father of the minor child.

4. Perhaps for the aforesaid reason and due to other circumstances, the respondent divorced petitioner No.2 by means of a written Talaqnama dated 19.10.2015. Copy of the same along with its translation is placed on record with the petition. It is recorded in the said document that on the said date, the respondent pronounced Talaq to petitioner No.2 in the presence of two witnesses upon payment of amounts towards Meher and Iddat by way of cheques. Although as per the requirements of Muslim Law, petitioner No.2 and the respondent stood divorced, by way of abundant caution, petitioner No.2 filed Petition No.B-77 / 2017 before the

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