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2023 Supreme(Bom) 1616

RAJESH S. PATIL
Alka Bhausaheb Bhad @ Alka Dagadu Shelke – Appellant
Versus
Bhausaheb Ramrao Bhad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Narayan G. Rokade a/w Mr. Ajinkya V. Taskar
For the Respondent: Mr. Priyank Daga i/b Mrs. Sushrita Daga, Mr. Y. M. Nakhwa, APP

JUDGMENT :

1. RULE. Rule by consent made returnable forthwith.

2. This Writ Petition is filed under Article 227 of the Constitution of India challenging the Judgment and Order dated 21 April 2022, passed by the Additional Sessions Judge, Niphad, in Criminal Revision Application No.11 of 2015.

FACTS :

3. The Petitioner on 20 December 2012, filed an Application being Criminal Application No. 444 of 2012 under Section 125 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) for grant of maintenance before the J.M.F.C., Yeola, from the Respondent/Husband.

3.1 It was pleaded by the Petitioner before the J.M.F.C. that she is the second wife of the Respondent, and her marriage took place with the Respondent in the year 1989. It was further stated that she was made to believe that the first wife of the Respondent namely Jijabai was not cohabiting with him properly and as Jijabai was not able to conceive a male child, the Respondent got divorced from her. Relying on the words of the Respondent, the Petitioner got married with the Respondent.

3.2 It is further case of the Petitioner that on 3 September 1991, she gave birth to a male child who was conceived with the Respondent. After one o

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