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2025 DAILYLAW 69239 (BOM)

GAJI ABDUL KARIM S/O. GAJI HASAN v. SK. RAFIYA W/O. GAJI ABDUL KARIM

WP/1368/2018 · 2025-12-09

Shri Sushil M Ghodeswar

body2025

Judgment text

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*1* 927crwp1368o18 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1368 OF 2018 GAJI ABDUL KARIM S/O. GAJI HASAN VERSUS SK. RAFIYA W/O. GAJI ABDUL KARIM ... Shri Mukhedkar Amit A., Advocate for the Petitioner. Shri Zaki Nawab Shaikh, Advocate h/f Shri C.C. Deshpande, Advocate for the sole Respondent. ... CORAM : SUSHIL M. GHODESWAR, J. DATE : 09 December 2025 P. C. :- 1. Learned advocate for the petitioner/ husband states that the proceedings, which were initiated by the respondent/ wife, have been dismissed in default vide order dated 20.09.2025 passed by the learned Judicial Magistrate First Class, Aurangabad. 2. Learned advocate has tendered the copy of the status report, which is taken on record and marked as ‘X’ for identification. 3. In view of the above development, learned advocate 2025:BHC-AUG:34351 *2* 927crwp1368o18 for the petitioner submits that since the original proceedings have itself been dismissed in default, therefore, this petition has become infructuous. However, he states that in case the respondent/ wife restores the original proceedings, liberty be granted to the petitioner/ husband to agitate this issue again by filing appropriate proceedings. 4. In the light of above, this Writ Petition is disposed of as infructuous with liberty to the petitioner as prayed for. kps ( SUSHIL M. GHODESWAR, J. )