Ganesh Devidas Basutkar v. Akanksha Ganesh Basutkar

2025:BHC-AUG:21883 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CRIMINAL APPLICATION NO. 2943 OF 2025 IN REVNST/8111/2025 Ganesh Devidas Basutkar

VERSUS

Akanksha Ganesh Basutkar .....

Mr R. R. Imale, Advocate for Applicant .....

CORAM : ADVAIT M. SETHNA, J.

DATE : 12 AUGUST 2025 P. C. :

1.

Heard Mr Imale, learned Advocate for the Applicant. None appears for the Respondent.

2.

The attention of the Court is drawn to the order of this Court dated 04 August 2025. Certain directions were passed in the said order in light of an urgency expressed by the Applicant as the proceedings was listed before the Family Court on 08 August 2025. The Applicant has deposited 50% of the maintenance amount and had undertaken to deposit the balance 50% of the maintenance amount. In view of the said request, the Court recorded that prayer for a Stay to the impugned order to be considered.

(2) 3.

Today, the learned Advocate for the Applicant filed an affidavit of service of Respondent on record. He has tried to serve Respondent No. by whatsapp/courier, however, service could not be completed. He has annexed some whatsapp messages to evidence completion of service. Such affidavit of service is taken on record. However, none appears for the Respondent.

4.

Learned Advocate for the Applicant also submits that as far as monthly maintenance is concerned, there are arrears on part of the Applicant to pay Rs.30,000/- for the maintenance for the month August. It also appears that the undertaking as recorded in the order dated 04 August 2025 by the Applicant, has not been complied with. Criminal Application No.2942/2025 5.

The Applicant has preferred the above Criminal Application for condonation of delay of 186 days in filing Criminal Revision Application before this Court. The Applicant has filed the affidavit of service to substantiate service of the proceedings of the Respondent as noted above, which is taken on record.

(3) 6.

With the assistance of the learned Advocate for the Applicant, I have perused the Application. The delay has been sufficiently explained. Sufficient cause has been made out to condone the delay in the given facts and circumstances. 7.

Considering the above it would be just and proper in the given factual complexion to condone the delay of 186 days. Accordingly, following order is passed :-

ORDER

The Application is Allowed in terms of prayer clause (B). 8.

Criminal Application is accordingly Disposed of. 9.

Pursuant to the above and subject to removal of office objections, list the Criminal Revision Application for further consideration on 26 August 2025.

[ADVAIT M. SETHNA, J.] sjk