ASHFAQUE S/O. MUSHTAQ AHMAD & ANR. Vs. SMT.FARZANA W/O. ASHFAQUE AHMAD & ANR.
HIGH COURT OF BOMBAY
Ashfaque S/O. Mushtaq Ahmad And Anr.
Smt.Farzana W/O. Ashfaque Ahmad And Anr.
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(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.;
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