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Bombay High CourtAPPR/79/2021disposed off

Shaheba Farheen W/O Abdul Haque And 3 Others v. Abdul Haque S/O Mohd Safi

2021-04-19Hon'Ble Shri Justice Vinay Joshi2 pages

1 5 appr 79.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 79 OF 2021 IN CRIMINAL REVISION APPLICATION NO. OF 2021 Shaheba Farheen w/o Abdul Haque and ors.

..vs..

Abdul Haque s/o Mohd. Safi - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.D. Dhande, Advocate for Applicant.

CORAM : VINAY JOSHI, J.

DATED : 19/04/2021 Hearing was conducted through Video Conferencing.

2.

Heard. The Applicants are seeking for condonation of 119 days delay caused in challenging the order dated 30.11.2020 passed by the Family Court, Amravati in Petition No.E-148 of 2014. The impugned order was passed at the instance of the Applicant moved to the Family Court for grant of maintenance in terms of Section 125 of the Code of Criminal Procedure. Being dissatisfied by the quantum of maintenance granted by the Family Court, the Applicants have preferred this Revision Application. It is contended that, without having regard to the income of Non-applicant and needs of Applicants, the Family Court has granted very less amount towards maintenance. It is contended that

2 5 appr 79.2021 due to financial crisis and current pandemic situation, the Applicants were unable to approach this Court at the earliest. Having regard to the nature of litigation, which is a sort of beneficial peace of legislation and taking a note of current pandemic situation, delay deserves to be condoned.

3.

The Application stands allowed, delay in filing Criminal Revision Application stands condoned. Revision Application be registered and numbered accordingly. Criminal Application stands disposed of. CRIMINAL REVISION APPLICATION NO. ________ OF Heard.

Issue notice to the Non-applicant, returnable after two weeks.

JUDGE Trupti