Disposed
Mrunali Mukund Sawardekar v. State of Maharashtra Throu. Its Sec. Tribal Development Dept and Ors.
Bombay HCWP/17418/2024
What the court decided
AI extract
Outcome
Disposed
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902-WP-17418-2024-(C).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 17418 OF 2024
Mrunali Mukund Sawardekar ...Petitioner Versus
The State of Maharashtra & Ors. ...Respondents
Mr. R.K. Mendadkar, Advocate for the Petitioner.
Mr. B.V. Samant, Addl. G.P. a/w Ms. Reena Salunkhe, AGP for the Respondent – State.
CORAM : RAVINDRA V. GHUGE
&
ASHWIN D. BHOBE, JJ.
Digitally signed SUNNYANKUSHRAOTHOTE by SUNNYANKUSHRAOTHOTEDate:2024.12.07 11:24:41 +0530
DATE : 5th DECEMBER, 2024
P.C. :-
daughter Suhani, a caste certificate of belonging to the ‘Chambhar’ Scheduled Caste Category, from the maternal side. The minor daughter, is said to be around 12 years of age.
with great care and caution, and there has to be a thorough investigation for the fear of misuse of the law, keeping in view that a child of a destitute mother can claim the social status from the
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902-WP-17418-2024-(C).odt
mother and not from the father, in the light of Rameshbhai Dabhai Naika V/s. State of Gujarat And Others, (2012) 3 SCC 400 . One has to be even more careful while dealing with such cases, if the father is from a higher/upper caste and the mother is from a backward class category. So is the case before us.
the Petitioner has not sought any share from the property of her husband. She has not sought any permanent alimony or maintenance, in as much as, she has not sought any financial support even for the daughter, who was only three years of age,
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902-WP-17418-2024-(C).odt
when the Petition was filed before the Family Court. The Petitioner has also not sought any shelter from the husband. The only reason for seeking divorce by mutual consent was that they have different temperaments and they feel that they cannot live happily together. This was the only ground set out.
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902-WP-17418-2024-(C).odt
the Petitioner shall place on record a self-attested copy of her Aadhar Card and PAN Card.
submitted within two weeks along with a short affidavit.
category.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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SUNNY THOTE
2 issues framed by the court
Whether to grant a caste certificate to the minor daughter belonging to the Chambhar SC category from the maternal side.
Whether the divorce by mutual consent predicated on different temperaments is a farce warranting detailed scrutiny.
Colour shows how this judgement treated each authority
Rameshbhai Dabhai Naika V/s. State of Gujarat And OthersReferred¶16
_Rameshbhai Dabhai Naika V/s. State of Gujarat And Others, (2012) 3 SCC 400_ · Who else cites this
Mrunali Mukund Sawardekar
The State of Maharashtra
Ravindra V. Ghuge
Ashwin D. Bhole
As recorded by the court registry
7 orders share this CNR
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