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2023 Supreme(Online)(Bom) 24743

BOMBAY HIGH COURT
KISHORE C. SANT, J
Vikram s/o Devidas Rathod – Appellant
Versus
Vrushali w/o Vikram Rathod – Respondent


Advocates:
For the Appellants/Petitioners: Smt. Pooja V. Langhe
For the Respondents: Smt. Pallavi Wangikar h/f Mr. R.V. Gore

Table of Content
1. nature of proceedings and marriage establishment. (Para 3 , 4)
2. initial complaint by the wife alleges cruelty. (Para 5)
3. claim of lack of jurisdiction based on residential status. (Para 6)
4. legal arguments and precedents regarding jurisdiction. (Para 7 , 9)
5. the court's observations on residence and jurisdiction. (Para 13 , 14)
6. dismissal of the petition based on jurisdiction findings. (Para 15 , 16 , 17)
JUDGMENT :

1. Rule.

2. Rule made returnable forthwith by consent of the parties.

3. This petition is by husband aggrieved by an order dated 24.06.2022 passed by the learned Judicial Magistrate, First Class, Chalisgaon in an application below Exhibit-36 in P.W.D.V.A. No.108/2017, thereby rejecting the application, raising objection about the jurisdiction to the Court and filing complaint under Section 193 against respondent no.1/wife.

4. The facts in short are that the petitioner and respondent no.1 got married on 15.05.2014 at Chalisgaon. After marriage, for a brief period, the couple resided at Aurangabad thereafter resided at Ulhas Nagar, District Thane at Mumbai for service. The couple also is blessed with a child/respondent no.2.

5. Wife filed a complaint on

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