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2019 Supreme(Guj) 399

A.P.THAKER
Deepak Chetandas Mahbubani – Appellant
Versus
Ritu Ramesh Lakhani – Respondent


Advocates Appeared:
For the Appellant : Mr. Manoj Harit For Mr. Nisarg H. Vyas
For the Respondent: Mr. P.P. Majmudar, Ms. Monali Bhatt, App.

JUDGMENT :

1. Rule. Learned advocate Mr. Majmudar waives service of rule on behalf of respondent no.1 and learned APP, Ms. Monali Bhatt waives service of rule on behalf of respondent no.2.

2. By way of this petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner seeks to challenge the proceedings filed by respondent under Section 125 of the Code of Criminal Procedure by filing Criminal Application No.369 of 2013 as well as order passed below Exh.6 on 23.4.2014 by the learned Family Court Judge, Vadodara, granting interim maintenance under section 125 of the Code of Criminal Procedure as being illegal, arbitrary, void, suffering from total non-application of mind and bad in law.

3. According to the petitioner, he married with Hiral Mahbubani alias Bharati Thandani and due to incompatibility, out of mutual consent, both were divorced and a divorce decree was passed by learned Family Court at Bengaluru in MC No.17 of 2006. According to him, thereafter the petitioner and respondent met and, after couple of meetings, both agreed to get married. It is contended that as per custom of the community, the maiden na

































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