Shit Rahul S/O Arun Tayade v. Megha W/O Rahul Tayade And Another
2024:BHC-NAG:13938
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPR) NO.81 OF 2024 IN CRIMINAL REVISION APPLICATION ST NO.2176 OF 2024 SHIT RAHUL S/O ARUN TAYADE VS MEGHA W/O RAHUL TAYADE AND ANOTHER ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Ms. A. Jain, h/f Mr. C.F. Bhagwani, Advocate for the applicant Ms Paunikar, h/f Mr. S.V. Sirpurkar, Advocate for the non-applicant -------------------------------
CORAM
: SANDIPKUMAR C. MORE, J.
DATE : 19 th December, 2024.
1.
Heard rival submissions.
2.
The application is filed by the applicant-husband for condonation of delay of 133 days in challenging the order of maintenance passed by the learned Family Court-2, Nagpur in Petition No.E-360 of 2020.
3.
The learned counsel for the non-applicant/wife strongly opposed the application on the ground that no reasonable cause is mentioned in the application and the applicant-husband has not deposited any amount towards the arrears of maintenance till today.
4.
As against this, the learned counsel for the applicant submits that the applicant-husband has deposited Rs.43,000/- till today towards the aforesaid arrears. 5.
Be that as it may, this Court is not presently dealing with the stay application. The recovery proceeding about the aforesaid arrears is already going on in the concerned THAWRE
Family Court, which would take care of the arrears. 6.
The delay does not appear as an inordinate delay. However, certain cost needs to be imposed to compensate the inconvenience caused to the non-applicant/wife. 7.
As such, the application is allowed and the delay of 133 days stands condoned, subject to cost of Rs.1,500/- to be paid to the non-applicant/wife, within one week. 8.
After deposit of the cost, the Revision Application be registered on removal of office objections, if any. 9.
The application is disposed of.
(SANDIPKUMAR C. MORE, J.) Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge Date: 19/12/2024 16:45:57 THAWRE