Shankar Namdev Dudhwade And Others v. Alka Shankar Dudhwade And Another

1 32.Cri.WP.32-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 32 OF 2025 SHANKAR NAMDEV DUDHWADE AND OTHERS

VERSUS

ALKA SHANKAR DUDHWADE AND ANOTHER ...

Advocate for Petitioners : Mr. Bhosale Mahesh Kalidas ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 17th MARCH 2025 PER COURT :

.

The Petitioners are challenging the proceeding of PWDVA No.612/2024 initiated by the Respondent No.1 claiming to be wife of Petitioner No.1.

2.

Learned Counsel for the Petitioners submits that Petitioner No.1 is already married with Petitioner No.2. There was no valid marriage or any other relationship between the Petitioner No.1 and Respondent No.1. The parties were not qualified to enter into legal marriage. It is not permissible to maintain proceeding. He would further advert my attention to First Information Report lodged by the Respondent No.1 bearing C.R. No.89/2023.

3.

Learned Counsel for the Petitioners relies on the judgment in the matter of Dhanraj Tukaram Shirsath Vs. Shalini Kisan Wankhede,

2 32.Cri.WP.32-2025.doc Criminal Writ Petition No.531/2017. Learned Counsel for the Petitioners undertakes to submit a copy of judgment of Supreme Court in the matter of D. Valusamy Vs. D. Patchalammal, (2010) 10 SCC 469 on next date.

4.

Issue notice to the Respondents, returnable on 01.04.2025. Hamdast is allowed.

SHAILESH P. BRAHME JUDGE NAJEEB..