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Bombay High CourtWP/4380/2024disposed off

Shri Saket Suresh Kamble And ANR v. Bharati Suresh Kamble And ANR

2024-12-03Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.12.04 10:31:23 +0530 MUGDHA MANOJ PARANJAPE 1 36-WP 4380-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4380 OF 2024 Saket Suresh Kamble & Anr.

... Petitioners V/s.

Smt. Bharti Suresh Kamble & Anr.

... Respondents ----- Mr. Gajanan M. Savagave for the Petitioners.

Mr. A. S. Gawai, APP for Respondent No.2-State. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

03RD DECEMBER 2024 P.C. :

1.

This Petition impugns an order dated 26 th July 2024 passed by the J.M.F.C., Panvel under the provisions of Sections 12, 18, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005. 2.

Learned Counsel appearing on behalf of the Petitioners submits that the Petitioners are the son and daughter in law of the First Respondent. It is his contention that the First Respondent has remarried in the year 2006 and has infact a daughter, who is out of the said wedlock. It is thus his contention that the Impugned Order has failed to take into consideration all these facts and has awarded that the maintenance to be paid by Petitioner No.1. Mugdha

2 36-WP 4380-24.doc 3.

Hence, issue notice to the Respondents, returnable on 7 th January 2025. Learned AGP for Respondent No.2 waives service of notice. Hamddast is permitted.

4.

Learned Counsel appearing on behalf of the Petitioners seeks leave to furnish the translated copies of the impugned order as also other relevant documents.

(ARIF S. DOCTOR, J.) Mugdha