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2023 Supreme(Bom) 1432

AMIT BORKAR
Vithal Manik Khatri – Appellant
Versus
Sagar Sanjay Kamble @ Sakshi Vithal Khatri – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sushant S. Prabhunne.
For the Respondents: Mr. M.G. Patil, Ms. Vrushali Mainded a/w Shaheen Kapadia, Shrusthi Tupe.

JUDGMENT :

1. The challenge in this petition is to the order dated 5th October 2021 passed by learned Additional Sessions Judge, Baramati, in Criminal Appeal No. 75 of 2019 confirming the Judgment and Order dated 11th November 2019 passed by Judicial Magistrate First Class, Baramati in Miscellaneous Application No.573 of 2018.

2. Respondent No.1, who initially was Transgender, filed a proceeding under the provisions of the Domestic Violence Act, 2005 as a woman under the Domestic Violence Act. According to the case of respondent No.1, she converted her gender from Transgender to female by performing surgery on 1st June 2016. On 21st July 2016, there was a marriage between the petitioner and respondent. Due to differences between the parties, the respondent filed Criminal Miscellaneous Application No.573 of 2018 under the provision of the Domestic Violence Act, 2005. In the said proceedings respondent filed an application seeking interim maintenance. The Judicial Magistrate First Class, Baramati, by order dated 11th November 2019, directed payment of Rs.12,000/- per month from the date of application. Aggrieved thereby, the petitioner filed an appeal before the learned Additional Sess

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