ASHFAQUE S/O. MUSHTAQ AHMAD & ANR. Vs. SMT.FARZANA W/O. ASHFAQUE AHMAD & ANR.
LAWS(BOM)-2016-11-91
HIGH COURT OF BOMBAY
Decided on November 21,2016

Ashfaque S/O. Mushtaq Ahmad And Anr. Appellant
VERSUS
Smt.Farzana W/O. Ashfaque Ahmad And Anr. Respondents

JUDGEMENT

- (1.) Rule. Rule is made returnable forthwith. Heard finally by consent of learned Counsel for the parties.
(2.) By this petition, petitioner no.1, who is husband of respondent no.1, and petitioner no.2, who is father of petitioner no.1, seek to quash and set aside the judgment and order dated 28/1/2016 passed by learned Additional Sessions Judge, Nagpur in Criminal Appeal No.241/2014 and the judgment and order dated 4/9/2014 passed by learned Judicial Magistrate, First Class, Kamptee in Criminal Application No. 141/2009 vide which amount of Rs.10,000/ per month is directed to be paid by petitioner no.1 to respondent no.1 as maintenance.
(3.) Shri Naik, learned Counsel for petitioners, submits that marriage between petitioner no.1 and respondent no.1 took place in the year 1987 and in the year 2009, petitioner no.1 had divorced respondent no.1. However, learned trial Court without framing any issue on this aspect, in spite of sufficiently pleaded, directed grant of maintenance. The appeal preferred against said judgment and order of learned trial Court was dismissed by learned Additional Sessions Judge. He, therefore, prays that petition may be allowed and judgments and orders passed by both the Courts below may be quashed and set aside.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.