SHRI. PITAMBAR S/O MAROTI BODELE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-11-298
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on November 14,2017

Pitambar S/O Maroti Bodele Appellant
VERSUS
State Of Maharashtra, Through ... Respondents

JUDGEMENT

REVATI MOHITE DERE,J. - (1.) Heard learned counsel for the parties.
(2.) By this petition, the petitioner has impugned the order dated 18/06/2013, passed by the learned Joint Civil Judge (Jr.Divn.), Gadchiroli below Exhibit-5, directing the petitioner to pay his and respondent No.2's, two sons, a sum Rs.5,000/- per month each, as well as the judgment and order dated 16/09/2014 passed by the learned Sessions Judge, Gadchiroli, by which the order dated 18/06/2013 was confirmed and the petitioner's appeal was dismissed.
(3.) Learned counsel for the petitioner submits, that the complaint filed by the respondent No.2 under the Domestic Violence Act was not maintainable. He submits, that both the lower Courts have clearly erred in awarding maintenance to his and respondent No.2's, two sons, since they were not a party to the complaint filed by the respondent No.2 under the DV Act . He further submits, that one of the sons has completed his engineering and has secured a job in the Irrigation Department, in 2014. He further submits, that the complaint does not disclose any cause of action i.e. any domestic violence against the petitioner.;


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