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Bombay High CourtAPPW/37/2026allowed

Neha Vipul Saraf v. Vipul Suresh Saraf

2026-02-12Hon'Ble Shri Justice M. M. Nerlikar3 pages

2026:BHC-NAG:2462

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APPW] NO. 37 OF 2026 IN CRIMINAL WRIT PETITION NO. 987 OF 2024.

Neha Vipul Saraf.

-VERSUSVipul Suresh Saraf.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Ms A. Agrawal, Advocate h/f. Shri H.S. Chawhan, Advocate for the Petitioner.

Shri S.S. Singha, Advocate for the Applicant /Respondent. CORAM : M.M. NERLIKAR, J.

DATE : FEBRUARY 12, 2026.

Heard.

2.

This is an application seeking modification of Clauses [b] and [c] of the order dated 07.10.2025, which reads as under :

"[b] The order to the extent of Rs.5000/- is modified to Rs.10,000/-.

[c] The trial Court is requested to conclude the trial within six months from filing of the Writ Petition."

3.

The learned Counsel appearing for the

applicant/respondent submits that infact this Court has modified the order to the extent from Rs.5000/- to Rs.10,000/- 'from the date of filing of the Writ Petition', however, inadvertently the same is not appearing in Clause [b] of the order. Further in operative part at Clause [c], instead of 'from filing of Writ Petition' it should be 'from the date of order'. He therefore prays for allowing the application to that effect.

4.

On the other hand, the learned Counsel appearing for the petitioner-husband concedes to the position that when the order was passed, it was observed that in clause [b] it should be from the date of filing of the Writ Petition and in clause [c] it should be from the date of order.

5.

In this view of the matter, the order dated 07.10.2025 is required to be modified and corrected in the following manner.

(i) In clause [b], after the words 'the order to the extent of Rs.5000/- is modified to Rs.10,000/-' words - "from the date of filing of the present Writ Petition i.e.

09.12.2024" be added.

(ii) Similarly in clause [c] after the words '..to conclude the trial within six months from'

words "filing of the writ petition" be deleted and it is substituted by words "the date of order i.e. 07.10.2025."

6.

While issuing notice on this application on 29.01.2026 appearance of Shri H.S. Chawhan, Advocate is shown for applicant, infact the application is by respondent wife and therefore, appearance of Shri S.S. Singha, Advocate is required to be mentioned. Similarly in para 5 while issuing notice it is mentioned "Issue notice to respondents..." the same should be corrected to read "Issue notice to the Petitioner.."

7.

Necessary corrections be carried out and corrected orders be uploaded.

8.

Criminal Application is accordingly allowed and disposed of.

JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 13/02/2026 10:45:27