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2023 Supreme(Bom) 1887

RAJESH S. PATIL
Madhura Milind Gadgil – Appellant
Versus
Milind Neelkant Gadgil – Respondent


Advocates appeared:
Mr.Pramod G. Kathane (Appointed Advocate) with Mr.Samyak A. Bhatkar and Mr.Anjaykumar R. Kori, Madhura M. Gadgil, for the Appellant; Mr.S.S. Patwardhan, Mr.N.B. Patil, APP, for the Respondent.

JUDGMENT

Rajesh S. Patil, J. - Rule. Rule made returnable forthwith.

This Criminal Writ Petition is filed under Article 227 of the Constitution of India challenges the Judgment and Order dated 25 July 2019 passed by the Additional Sessions Judge, Sangli, in Criminal Appeal No.150 of 2010, thereby setting aside the order of maintenance which was granted by the M.M. Court, Sangli, under the Domestic Violence Act (for short 'D.V. Act.').

FACTS:

2. It is undisputed that the Petitioner got married with Respondent No.1 on 26 May, 1990, at Miraj. On 5 July 1991, a female child namely Charuta alias Manasi, was born out of the said marriage.

3. The Petitioner has alleged that in the year 1997, Respondent No.1 drove her away from the matrimonial house and shortly thereafter, Respondent No.1 filed Divorce Petition No.27 of 1997 against the Petitioner, on the ground of cruelty, before the Court of Senior Division, Sangli. The Petitioner at the same time filed an Application for restitution of conjugal rights.

4. Divorce Petition filed by Respondent No.1 (husband) was allowed by judgment and order dated 17 August 2006 and application of the Petitioner (wife), for restitution of conjugal rights was di

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