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2022 Supreme(Bom) 1721

S. G. MEHARE
Bhagyashree W/o. Purshottam @ Pritesh Chaudhari – Appellant
Versus
Purshottam @ Pritesh S/o. Suresh Chaudhari – Respondent


Advocates Appeared:
For the Applicant : Mr. Navandar Mehul Vikas.
For the Respondent: Mr. Suresh S. Pidgewar h/f Mr. N.L. Chaudhari.

JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2. The petitioner-wife has impugned the order of the learned Judge, Family Court, Jalgaon, in Petition No.E-329/2019 dated 29.01.2020.

3. The learned Judge refused the maintenance to the petitioner-wife on the sole ground that as the maintenance was already granted to the petitioner under the provisions of Protection of Women from Domestic Violence Act (for short ‘PWDV Act’), there is no need to grant maintenance merely because the said petition was filed under different enactment.

4. Learned counsel for the petitioner has vehemently argued that the view taken by the learned Judge, Family Court refraining the petitioner from filing a petition under another Act is contrary to the view taken by the Hon’ble Supreme Court and various other courts, including the Bombay High Court. He would argue that there is absolutely no bar to file proceedings simultaneously under the various Enactments for similar relief. He would rely upon the case of Shome Nikhil Danani Vs. Tanya Banon Danani in Peti

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