BHUMIKA W/O SACHIN BAGADE Vs. SACHIN S/O VISHWANATH BAGADE
HIGH COURT OF BOMBAY
Bhumika W/O Sachin Bagade
Sachin S/O Vishwanath Bagade
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P.R. Bora, J. -
(1.) Heard the learned Counsel appearing for the parties.
(2.) "In the proceeding under Section 125 of the Code of Criminal Procedure, whether Family Court can pass an order giving access to the minor for whom the maintenance is sought" is the small but important question raised in the present criminal revision application.
(3.) Application under Section 125 of the Code of Criminal Procedure (for short 'Code') filed by the present applicants is pending before the Principal Judge of Family Court at Aurangabad. In the said application, the present respondent filed an application at Exh.34 with a prayer that, he be given access to his minor daughter for whom the maintenance is sought. The application so filed was opposed by applicant no.1. Applicant no.1 endorsed her say overleaf the said application contending therein that, the application itself was not maintainable and the prayer as was made by respondent cannot be granted by the Court in the proceedings under Section 125 of the Code. The learned Principal Judge of the Family Court after having considered the submissions made on behalf of the parties, has allowed the said application and has thereby provided access to his minor daughter to the respondent on every 1st, 3rd & 5th Saturday of every month in the Family Court, Children Room from 03:00 to 06:00 p.m. The Family Court has further directed applicant no.1 to send her daughter along with any family member to the Children Room as directed by the Court.;
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