Keshav Jalbaji Puyyad v. Maltabai W/O Keshavrao Puyyad

Cri Appln 827.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 827 OF 2015 IN REVNST/28/2015 KESHAV JALBAJI PUYYAD

VERSUS

MALTABAI W/O KESHAVRAO PUYYAD ...

Advocate for Applicant : Mr S H Panchal ...

CORAM : V.K. JADHAV, J.

Dated: January 29, 2016 ...

PER COURT :- 1.

The learned counsel for the applicant/original respondent submits that ex-parte order of maintenance is passed by the Family Court and the petitioner has got knowledge about the same only after the notice of execution was served on him. Learned counsel further submits that, petitioner is aged about 68 years and he has no independent source of income. Even he could not arrange necessary expenses for filing the revision petition. Learned counsel submits that, delay of 84 days is therefore occurred in filing Criminal Revision Application.

2.

None appears for the respondent though duly served. 3.

It appears that the petitioner is 68 years old aged. Maintenance order is passed ex-parte against him. The

Cri Appln 827.2015.odt petitioner, thus, could not file the revision against said order within time.

4.

In view of this, following order is passed.

O R D E R

1.

Criminal application is hereby allowed.

2.

Delay of 84 days caused in preferring the Criminal Revision Application against the order passed by the learned Judge, Family Court, Nanded in Petition No.E-84/2014 dated 22.8.2014 is hereby condoned.

3.

Criminal Application accordingly disposed of. ( V.K. JADHAV, J. ) ...

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