Ganesh Sitaram Raut v. Sayali Ganesh Raut Alias Sayali Satish Kshirsagar And Another
2026:BHC-AUG:14389 ( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 957 CRIMINAL APPLICATION NO.1206 OF 2026 IN CRIMINAL APPLICATION NO.4234 OF 2025 IN CRIMINAL REVISION APPLICATION ST. NO.11680 OF 2025 GANESH SITARAM RAUT
VERSUS
SAYALI GANESH RAUT ALIAS SAYALI SATISH KSHIRSAGAR AND ANOTHER ...
Mr. Vikrant P. Raje, Advocate for Applicant Mr. Vikrant S. Palsikar, Advocate for Respondent Nos.1 and 2 ...
CORAM
: AJIT B. KADETHANKAR, J.
DATE : 01.04.2026 PER COURT :- .
Criminal Application No.1206 of 2026 is not on board. Upon mentioning, taken on board.
2.
Mr. V. P. Raje, learned counsel for the applicant, fairly invites my attention to the order passed by this Court dated 26.02.2026. He submits that the Civil Application for condonation of delay was allowed by this Court subject to the condition that the applicant shall deposit an amount of Rs. 3,00,000/- in the Family Court, Aurangabad within one month from 26.02.2026. He further submits that the matter was thereafter posted on 30.03.2026.
3.
Learned counsel submits that the effect of the said order was that further steps were to be taken only after deposit of the aforesaid amount by
( 2 ) the revision petitioner in the Family Court, Aurangabad. He submits that due to certain domestic difficulties, the applicant could not deposit the amount of Rs. 3,00,000/- as directed by this Court. He further submits that accordingly, the present Criminal Application No.1206 of 2026 has been filed seeking modification of the said order, primarily for extension of time to deposit the amount. It is also noted that the applicant has sought modification of the quantum of the amount to be deposited.
4.
On instructions from his client, who is personally present in Court, learned counsel submits that due to medical issues concerning the applicant's mother, the applicant could not arrange the amount and comply with the order. He makes a statement that the applicant shall deposit an amount of Rs. 3,00,000/- on or before 04.05.2026. 5.
Mr. Vikrant S. Palsikar, learned counsel for respondent Nos. 1 and 2, submits that the applicant is already in arrears to the extent of Rs. 6,00,000/-. He further submits that the learned Judge of the Family Court, by order dated 09.01.2026, has observed as under : "Since non-applicant has approached the Hon'ble High Court, I keep this application pending till some order comes from the Hon'ble High Court."
6.
Learned counsel for the respondent Nos.1 and 2 submits that in absence of any protective or interim order passed by this Court, the Family Court was not justified in keeping the proceedings, including the application for issuance of arrest warrant, pending.
7.
Since the order dated 26.02.2026 was passed after considering the submissions on behalf of the applicant, no modification in the quantum of
( 3 ) the amount to be deposited is warranted.
8.
In view of the above, the Criminal Application No.1206 of 2026 is partly allowed.
9.
In view of the statement made by the applicant, who is personally present before this Court, Time granted by this Court to the applicant to deposit Rs.3,00,000/- till 26.03.2026 is extended to 04.05.2026. The applicant shall deposit the said amount in the Family Court, Aurangabad on or before 04.05.2026.
10.
The Criminal Application stands disposed of accordingly. [AJIT B. KADETHANKAR, J.] PRW