SHRIKANT D. KULKARNI
Devendra – Appellant
Versus
Trupti Devendra – Respondent
JUDGMENT
1. Rule. Rule made returnable forthwith. Heard finally with consent of both the sides at admission stage.
2. The petitioner has challenged the order of maintenance passed by the learned Judicial Magistrate First Class, Chalisgaon in Miscellaneous Criminal Application No.934 of 2017 under Sec. 125 of the Code of Criminal Procedure (hereinafter referred to as the "Cr.P.C.").
3. Heard Mr. Amol Sawant, learned counsel for the petitioner and Mr. Ujwal Patil, learned counsel for the respondent.
4. Mr. Sawant, learned counsel for the petitioner vehemently submitted that there was divorce by mutual consent between the parties under Sec. 13-B of the Hindu Marriage Act, 1955. The competent Civil Court was pleased to grant decree of divorce by mutual consent vide order dtd. 10/10/2017. He submitted that while passing the decree of divorce by mutual consent, the competent Civil Court has made observations that the present petitioner / husband has paid Rs.2,00,000.00 in all to his wife and daughter Trupti towards maintenance, education and for all the responsibilities. The wife of the petitioner has given up her right of maintenance by accepting Rs.2,00,000.00 for herself and her daught
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