BUSHRABANO W/O. SHAIKH IMRAN Vs. THE STATE OF MAHARASHTRA AND ANOTHER
HIGH COURT OF BOMBAY
Bushrabano W/O. Shaikh Imran
The State Of Maharashtra And Another
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(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.
(2.) The petition is filed to challenge the order made by learned Judicial Magistrate, First Class, Jalgaon in Criminal Misc. Application No. 308/2012 and also the judgment delivered by Sessions Court, Jalgaon in Criminal Revision Application No. 40/2014. The proceeding was filed before J.M.F.C. for maintenance and the present petitioner, wife had claimed the maintenance at the rate of Rs. 10,000/- p.m. The husband, respondent contested the matter. The J.M.F.C. granted the maintenance at the rate of Rs. 2,000/- p.m. by order dated 18.1.2014. The Revisional Court has confirmed this order. Both the sides argued on the quantum only.
(3.) The submissions and the evidence show that there was licence issued by the Local Body, Jalgaon in favour of respondent husband to run spare parts shop and respondent was running the shop under the name and style as 'Kohinoor Spare Parts Shop'. He was selling auto spare parts. In view of these circumstances, by order dated 16.1.2017, this Court had directed the husband to produce some record like income tax returns or sales tax returns as such record must be only within the knowledge of husband. In response to this order, today only the zerox copy of intimation given by Local Body, Jalgaon with regard to cancellation of licence of shop came to be produced. This document shows that on 8.1.2015 after filing of the maintenance proceeding the husband applied to the Local Body for cancellation of licence of shop and licence came to be cancelled on 17.3.2015. When maintenance proceeding was pending, it can be said that only to create some record such step was taken by the husband. He has not come with any specific case as to how he is earning his livelihood. There is allegation against him that he married second wife.;
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