Amit Nripendra Ganguly S/O Late Nripendra Kumar Ganguly v. Meenakashi W/O Amit Ganguly

1 928-REVN 159-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 159 OF 2021 Amit Nripendra Ganguly s/o late Nripendra Kumar Ganguly .. Applicant

Versus

Meenakshi w/o Amit Ganguly .. Respondent Mr. Umesh S. Gadsing, Advocate for the Applicant. Mr. Ranbir Chhabda, Advocate for Respondent.

CORAM : KISHORE C. SANT, J.

DATED : 27th SEPTEMBER, 2022.

P. C. :- 1.

Heard the learned advocate for the applicant and learned advocate for the respondent for some time. Seen the impugned order. 2.

By way of impugned order dated 05.10.2021, the learned Sessions Judge has dismissed the appeal for default for the reason that in spite of several chances, the appeal was not prosecuted and the learned advocate for the appellant that is the applicant before this Court was seeking repeated adjournments without depositing the amount or part of the amount of maintenance. Looking at the prayer, the prayer seeks quashing of the order dated 05.10.2021. 3.

This Court expressed doubts to set aside the order with the

2 928-REVN 159-2021.odt limited jurisdiction available with this Court under the revisional powers.

4.

In view of this, both the learned advocates fairly agree that the parties would proceed with the main proceeding that is filed under the provisions of Protection of Women from Domestic Violence Act which is still pending. Only prayer is made to direct the Trial Court to decide the main proceeding i.e. PWDVA No. 565/2019 pending before the 9th J.M.F.C., Aurangabad expeditiously.

5.

In view of this, the Trial Court is expected to decide the main proceeding i.e. PWDVA No. 565/2019 as expeditiously as possible and shall endeavour to dispose of the main proceeding within a period of six (06) months from today.

6.

With these observations, the revision application is disposed of. ( KISHORE C. SANT, J. ) P.S.B.