Sanjay S/O Panjabrao Gohane v. Sau. Vandana Sanjay Gohane

APPR132-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Criminal Application (APPR) No. 132 of 2014 (Sanjay Panjabrao Gohane .vs. Sau. Vandana Sanjay Gohane ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Shri Anand Deshpande, Advocate for Applicant. Shri S.W. Deshpande, Advocate for Respondent. CORAM : V.M. Deshpande, J.

DATED : September 04, 2015.

This is an application for condonation of delay in filing the revision before this Court questioning the order passed by the learned Judge of the Family Court, Amravati in Petition No. E-31 of 2011 by which the learned Judge of the Family Court partly allowed the application filed on behalf of the respondent under Section 127 of the Code of Criminal Procedure and has enhanced the maintenance to the tune of Rs.4500/- from the date of the application i.e. 2.3.2011.

The substantive right of the litigant should not be defeated on the technical ground. However, at the same time, the wife should not be in lurch for money. Hence in order to meet the equity, the Court directs that the applicant shall deposit Rs.72,000/- (Rs. Seventy Two Thousand) which according to the applicant are the arrears of amount from the date of the order till today. The said amount of Rs.72,000/- has to be deposited with this Court within a period of two weeks from today. On such deposit, the respondent-wife shall be entitled to withdraw the said amount.

APPR132-14.odt The present application for condonation of delay is allowed subject to the deposit of Rs.72,000/- (Rs. Seventy Two Thousand) within a period of two weeks from today.

With this, the application is allowed and disposed of.

JUDGE halwai