Shri Vishal S/O Mastbahadur Mall v. Smt Rashmi W/O Vishal Mall
2024:BHC-NAG:13605
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPR) NO.163 OF 2024 IN CRIMINAL REVISION APPLICATION ST NO.6196 OF 2024 SHRI VISHAL S/O MASTBAHADUR MALL VS SMT RASHMI W/O VISHAL MALL ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Ms Vaishali Khadekar, Advocate for the applicant Mr. G.S. Wankhede, Advocate for the non-applicants -------------------------------
CORAM
: SANDIPKUMAR C. MORE, J.
DATE : 13 th December, 2024.
1.
Heard rival submissions.
2.
The application is filed for condonation of delay of 302 days in challenging the order of maintenance by the applicant-husband, which is passed by the Family Court-4, Nagpur.
3.
The learned counsel for the applicant-husband submits that the aforesaid order of maintenance is granted by the concerned Family Court in absence of the applicant. 4.
On the contrary, the learned counsel for the nonapplicants strongly opposed the application on the ground that no reasonable cause is shown in the application itself, which resulted into such a huge delay.
5.
However, this Court as well as the Hon'ble Apex Court in so many matters, have already observed that delay condonation applications are to be considered liberally. The inconvenience caused to the other side can be THAWRE
compensated by awarding suitable cost.
6.
In view of the same, the application stands allowed and the delay of 302 days in filing revision application stands condoned, subject to cost of Rs.1,000/- to be paid to the non-applicant-wife, within one week.
7.
After deposit of cost, the revision application be registered after removal of office objection, if any. 8.
The application is disposed of.
(SANDIPKUMAR C. MORE, J.) Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge Date: 13/12/2024 17:03:21 THAWRE