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2025 Supreme(Online)(Bom) 6209

BOMBAY HIGH COURT
ABHAY S. WAGHWASE, J
Pradipkumar s/o Padamsingh Chavan – Appellant
Versus
Aarti w/o Pradipkumar Chavan – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Bharat S. Doifode
For the Respondents: Mr. A. V. Sonawane

CORAM : ABHAY S. WAGHWASE, J.

Reserved on : 21.11.2024 Pronounced on : 25.11.2024 ORDER :

1. Revisionist hereby takes exception to judgment and order passed by learned Additional Sessions Judge, Aurangabad in PWDVA Appeal No. 27 of 2023 dated 19.10.2023 dismissing the appeal arising out of order passed below application Exhibit 8 bearing Criminal M.A.No. 134 of 2022 by learned JMFC, Soygaon.

2. Learned counsel pointed out that parties are husband and wife. Out of their wedlock, they have a son. Learned counsel pointed out that present respondent wife due to matrimonial discord, instituted proceedings under Protection of Women from Domestic Violence Act . She levelled false allegations and took away custody of son who was already in the custody of revisionist. He was taking proper care and provided with all necessary education and needs. By filing application Exhibit 8, she sought custody. That, learned trial court did not consider that appellant had sufficient means and income to provide for all needs of the minor. Welfare of the minor, which is of paramount importance, was taken care of. However, merely considering the age, learned trial court has directed handing over custody to wi

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