Irfan Khan Samsher Khan v. Nausheen Begum Irfan Khan And Others
2025:BHC-AUG:3819 -1IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 264 OF 2024 WITH CRIMINAL APPLICATION NO. 4085 OF 2024 IRFAN KHAN SAMSHER KHAN
VERSUS
NAUSHEEN BEGUM IRFAN KHAN AND OTHERS ....
Advocate for Applicant : Mr. Girish Vasantrao Wani Advocate for Respondents : Mr. D.P. Madkar h/f Mr. D.S. Manerkar ....
CORAM : ABHAY S. WAGHWASE, J.
Dated : 07th February 2025 ORDER :- 1.
Heard both the sides.
It appears that, respondent No.1-wife had preferred petition bearing E No.26/2023, before learned Family Court, Parbhani. Learned Family Court has passed judgment and order dated 14.06.2024, granting the maintenance to the respondents. 3.
Learned counsel for the revisionist-husband submits that, the evidence of original complainant-wife, in above petition, has proceeded without cross-examination in learned trial court. Record to which attention is invited shows that, the matter had been kept by learned trial court for cross-examination the original complainantwife. However, cross-examination has not been conducted by the
-2revisionist-husband. Learned counsel for the revisionist makes a statement across the bar that, due to financial crisis, the revisionist could not engage advocate for cross-examination in learned trial court and he sought engagement of advocate through legal aid. However, learned trial court proceeded to pass the impugned order without cross-examination of the complainant-wife.
4.
Therefore, in all fairness, the matter is remanded back to learned trial court for cross-examination of the original complainantwife and revisionist-husband is permitted to adduce evidence, if any. 5.
Learned trial court to reconsider the matter in view of supervening events.
6.
Learned trial court shall make endeavor to complete the above process within a period of six months from the date of receipt of this order.
7.
Learned counsel for the respondents pointed out that, arrears have mounted to around more than Rs.2 lakh. 8.
However, though the quantum is still in dispute, in all fairness, the revisionist-husband is directed to deposit at least Rs.50,000/- in learned trial court.
-39.
In view of above terms, Criminal Revision Application No.264 of 2024 stands disposed off.
10.
Criminal Application No.4085 of 2024 is also disposed off.
( ABHAY S. WAGHWASE, J. ) asd