Pankaj S/O Ishwarchadra Patil v. Ekta W/O Pankaj Patil

1 29-revn-2-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPR) NO. 2 OF 2024 WITH CRIMINAL REVISION APPLICATION (ST) NO. 80 OF 2024 Pankaj S/o. Ishwarchandra Patil Vs.

Mrs. Ekta W/o. Pankaj Patil ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. P. S. Kaware, Advocate for applicant.

CORAM :- M. W. CHANDWANI, J.

DATED :- 05.01.2024 Heard.

2.

The applicant is seeking condonation of delay in preferring the revision application against the interim order of maintenance dated 08.02.2022 passed by Additional Chief Judicial Magistrate (ACJM) in Domestic Violence proceedings i.e. Cri. M.A. No. 3555/2019.

3.

It is contention of the learned counsel for the applicant that divorce petition and application under Section 125 of the Code of Criminal Procedure have already been dismissed by the Family Court, Nagpur by common judgment dated 04.09.2023. The order of interim maintenance has been passed prior to the judgment dated 04.09.2023 passed by Family Court. It is RR Jaiswal

2 29-revn-2-24.odt also informed that in the matter before the learned 15th Jt. CJSD and ACJM, Nagpur (Special Court for DV Act) the evidence is concluded. The closing of evidence pursis is already been filed by the applicant before the learned Trial Court and in fact the matter ought to have been listed for argument but, the learned Trial Court has posted it for defence evidence.

4.

At this stage, the learned counsel for the applicant submits that the applicant will be satisfied only with the directions to the learned Trial Court to dispose of the matter at the earliest, which appears to be a fair submission.

5.

In view of this, the application for condonation of delay and revision application are disposed of with following direction.

6.

The learned 15th Jt. CJJD and ACJM, Nagpur is directed to disposed of Cri. M. A. No. 3555/2019 as expeditiously as possible preferably within one month from today.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 06/01/2024 14:40:29 RR Jaiswal