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2024 Supreme(Bom) 48

RAJESH S. PATIL
Khalil Abbas Fakir – Appellant
Versus
Tabbasum Khalil Fakir @ Tabbasum Gulam Husain Ghare – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms.Shaheen Kapadia a/w. Ms.Mahenoor Khan, Mr.Irfan Unwala i/b.
Ms.Vrushali Maindad
For the Respondent: Mr.Saurabh Butala a/w. Adv. P.V. Shekhawat, Ms.Shagufa Patel,
Ms.Swati Khot, Ms.Nitita Mandaniyan, Ms.S.S.Kaushik

JUDGMENT :

By consent of parties, the matter is taken up for final disposal at the admission stage.

2. This criminal revision application has been filed by the applicant (husband) challenging the concurrent findings recorded by the JMFC, Chiplun and Sessions Court, Khed, Ratnagiri.

3. The applicant (husband) and the respondent no.1 (wife) got married on 9 February, 2005. At the time of the marriage, it was applicant’s second marriage, whereas it was respondent no.1(wife’s) first marriage.

4. From the said wedlock, a daughter Mehvish was born on 1 December, 2005 at Chiplun, Ratnagiri.

5. Shortly, after the daughter was born, the husband for the purpose of better earning, went to Saudi Arabia, while the wife and the daughter stayed back at Chiplun (Ratnagiri) and were staying with parents of husband.

6. It is the case of the husband that thereafter the wife along with the daughter in June 2007, left her matrimonial house and started residing with her parents in Chiplun, Ratnagiri.

7. The wife subsequently filed a criminal Misc. Application No. 81 of 2007, claiming the maintenance for her under the provisions of Section 125 of the Code of Criminal Procedure, 1973. After the said proceedings

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