Smt. Sarlabai D/O Bhika Gawali v. Kisansing Balechand Bhabale And ANR

1 26-crwp1010-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1010 OF 2015 Smt. Sarlabai d/o. Bhika Gawali, (Smt. Sarlabai Kisansing Bhabale), Age 43 years, Occ. Household, r/o. Rahera, Post Kasali, Tq. Jamner, Dist. Jalgaon ..Petitioner

Versus

1] Kisansing Balechand Bhabale, Age 53 years, Occ. Doctor, R/o. Chandol, Tq. and Dist.

Buldhana 2] The State of Maharashtra ..Respondents -- Mr.S.R.Dheple, advocate for petitioner Mr.N.T.Bhagat, APP for respondent no.2 - State -- CORAM : M.T. JOSHI, J.

DATE : MARCH 01, 2016 PER COURT :

Heard both sides.

2] The reasons forwarded by learned Judicial Magistrate F.C. would show that, since the decree passed in the Hindu Marriage Petition was

2 26-crwp1010-15.odt confirmed upto the Supreme Court declaring thereby that present petitioner is living in adultery, the learned Judicial Magistrate has varied the earlier order of grant of maintenance to the present petitioner.

3] Learned Sessions Judge also, in Revision, for the same reasons, maintained the said order based on the fact that the competent civil court has declared that the present petitioner is living in adultery.

4] In the circumstances, no fault can be found with the impugned orders. Present Criminal Writ Petition is therefore dismissed.

[M.T. JOSHI, J.] kbp