ASHOK DEOCHAND MALI (BHAMRE) Vs. MALTI ASHOK MALI (BHAMRE)
LAWS(BOM)-2016-6-77
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on June 09,2016

Ashok Deochand Mali (Bhamre) Appellant
VERSUS
Malti Ashok Mali (Bhamre) Respondents

JUDGEMENT

Ravindra V. Ghuge, J. - (1.) This petition was admitted on 02.11.2004 and this Court refused interim relief to the petitioner.
(2.) The petitioner is aggrieved by the Judgment and order dated 27.08.2004, delivered by the Learned Judicial Magistrate First Class, by which Criminal Misc. Application No. 650 of 2002 filed by the respondent seeking maintenance under Section 125 of the Code of Criminal Procedure, was allowed. The petitioner is also aggrieved by the Judgment of the Revisional Court dated 12.10.2004, by which the Revision Application filed by the petitioner was rejected.
(3.) The petitioner submits that the marriage in between the petitioner and the respondent was solemnised on 11.05.1985. Three daughters and one son are born out of the wedlock. The learned counsel for the petitioner makes a grievance that though a customary divorce was arrived at between the parties on 18.10.2000, the Trial Court as well as the Revisional Court failed to consider the effect of Section 125(4) and granted maintenance to the respondent. He strenuously submits that on account of the customary divorce that took place, the respondent was disentitled for claiming maintenance and her application under Section 125 should have been rejected, considering the effect and ambit of subSection 4 of Section 125.;


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