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Bombay High CourtAPPLN/4431/2009disposed off

Deorao Dhumsing Rathod v. Jaishree Rohidas Rathod

2016-12-22Hon'Ble Shri Justice V.K. Jadhav2 pages

CRI APPLN NO.4431.2009.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4431 OF 2009 DEORAO DHUMSING RATHOD

VERSUS

JAISHREE ROHIDAS RATHOD AND ANOTHER ...

Advocate for Applicant : Mr Kalyan Patil h/f S R Barlinge APP for Respondent 2: Mr M B Bharaswadkar ...

CORAM : V.K. JADHAV, J.

Dated: December 22, 2016 ...

PER COURT :- 1.

By this criminal application, the applicant is challenging the process issued by the J.M.F.C., Shirpur in Misc. Cri Application No.157/2009.

2.

On perusal of the application bearing Cr. M.A No.157/2009 filed before the J.M.F.C, Shirpur, it appears that, the respondent-original applicant has approached the court under section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking various reliefs such as maintenance, compensation, return of Stridhan property, seek residence and share in the property for her children. Learned Magistrate has simply directed to issue notice and the applicant has

CRI APPLN NO.4431.2009.odt challenged the said notice by filing present criminal application.

3.

I do not find any reason to entertain this application. The applicant can raise all the points including the preliminary objection of maintainability of the said application filed by the respondent before the Judicial Magistrate First Class, Shirpur.

4.

Criminal Application accordingly disposed of. All points kept open.

( V.K. JADHAV, J. ) ...

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