LAWS(BOM)-2003-8-30

MAROTRAOSHAMRAO PACHARE Vs. USHA MAROTRAO PACHARE

Decided On August 06, 2003
MAROTRAO SHAMRAO PACHARE Appellant
V/S
USHA MAROTRAO PACHARE Respondents

JUDGEMENT

(1.) THIS criminal revision application is preferred by the applicants herein challenging the order passed by the Additional Sessions Judge, Achalpur on 16-9-1999 in Criminal Revision No. 6/1999, allowing the revision application filed by the non applicant herein and, directing the applicant No. 1 to produce the applicants No. 2 to 4 before the Judicial Magistrate, First Class, Daryapur, for handing over the custody of the children to the non applicant.

(2.) MATERIAL facts of the case may be stated in brief as follows - The non applicant Sau. Usha Pachare is legally wedded wife of the applicant No. 1 -Marotrao Pachare and their marriage was performed about 9 years back. As usual, after marriage they lived together and cohabited and three children namely applicants No. 2 to 4, were born to the non-applicant out of this wedlock.

(3.) THE non applicant filed an application under section 97 of the Criminal Procedure Code on 4-1-1999 in the court of judicial Magistrate, First Class, Daryapur requesting for issuing of production warrant for producing the children (applicants No. 2 to 4) before the Court and for handing over them to her custody. In her application she has alleged that the applicant No. 1 has driven her out of the house and he has snatched away the custody of applicants No. 2 to 4 from her.