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2023 Supreme(Bom) 41

S. G. MEHARE
Gajanan S/o Parashram Rathod – Appellant
Versus
Surekha Gajanan Rathod – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sachin S. Deshmukh.
For the Respondent: Mr. Amol B. Chalak.

JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2. The applicant/husband has preferred this criminal revision application against the order of the learned Additional Sessions Judge, Basmathnagar passed in Criminal Appeal No.3 of 2014, dated 26.07.2018.

3. The 'petitioner' would be referred to as the 'respondent' and the 'respondent' would be referred to as the 'applicant' hereinafter.

4. The applicant got married respondent on 09.05.2007. However, their marital relations turned bitter. Therefore, a customary divorce was executed on 01.02.2012, accepting the lumpsum alimony of Rs.1,75,000/-. Then, the respondent/husband filed a divorce petition on 17.04.2012 on the ground of cruelty. The petitioner/wife filed an application under the Protection of Women from Domestic Violence Act, 2005 (for short "D.V. Act"), before the learned Judicial Magistrate First Class, Aundha Nagnath, on 14.08.2012, i.e. after the divorce petition of respondent. The learned Judicial Magistrate, therefore, recorded the reasons whether the domestic violence was committed are not fall under the shadow of doubt and accordingly held that there was no domestic violence a

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