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Bombay High CourtREVN/422/2004disposed off

Usha Babulal Mhaske v. Babulal Chokhaji Mhaske

2022-08-04Hon'Ble Shri Justice Bharat P. Deshpande2 pages

crirevn422.04 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CRIMINAL REVISION APPLICATION NO.422 OF 2004 USHA BABULAL MHASKE

VERSUS

BABULAL CHOKHAJI MHASKE .....

Advocate for Applicant : Mr. P P Khandagale Patil (absent) .....

CORAM : BHARAT P. DESHPANDE, J.

DATED : 4th AUGUST 2022 PER COURT:- 1.

None for the parties. On 20.1.2017 this Court has passed an order that if nobody appears for the parties on the next date of hearing, the matter was to be decided on merits in absence of parties.

2.

On 2.11.2004 Rule was issued after hearing learned counsel for the parties.

3.

The present revision is filed against the judgment and order passed by the Family court dated 4.8.2004. By the said judgment, the application filed under Section 125 of Cr.P.C. was partly allowed. The maintenance claimed by the applicant No.1 was rejected. However, the claim of maintenance was granted to the petitioner Nos. 2 and 3 therein. The observations in the impugned order show that the applicant deserted matrimonial house and she did not return

crirevn422.04 -2to cohabit inspite of request of the husband. Such findings are based on evidence produced on record.

4.

Since no arguments are advanced inspite of giving opportunities, it is clear that the impugned order is not suffering from any patent illegality and therefore, this revision needs to be rejected. Hence, the following order:-

O R D E R

I.

Criminal Revision application stands rejected. II.

Rule discharged.

(BHARAT P. DESHPANDE, J.) rlj/