Kamal Kumar Ganesh Pathak And Ors vs Jyoti Kamal Pathak And Anr
2021 Latest Caselaw 15173 Bom

                                         13.APL-479-2020.doc




     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

      Criminal Application (APL) No. 479 / 2020

Kamal Kumar Ganesh Pathak and Ors.                ..    Applicants
                 Versus.
Jyoti Kamal Pathak and Anr.                       ..    Respondents


                        ****

Mr. Shailesh Kantharia for the Applicants. Mr. Shanu/Sanjay Raikar i/by K.L. Vyas, Advocate for Respondent.

Mr. A.R. Patil, APP for State.

****

CORAM : SANDEEP K. SHINDE J.

                              DATE   :    21st OCTOBER,2021.

P.C. : -

1.   Applicant-husband           was     directed              to      pay

maintenance       @    Rs.     6000/-    per      month          to    the

Respondent-wife in the proceedings instituted by her

under Section 12 of the Protection of Women from

Domestic Violence Act, 2005. Besides the monetary

relief in the form of maintenance, such other

13.APL-479-2020.doc

reliefs were granted in favour of Respondent-wife

vide judgment and order dated 24th December, 2018

passed by the 5th Judicial Magistrate First Class,

Thane.

2. Feeling aggrieved by this judgment and order,

husband preferred appeal under Section 29 of the

D.V. Act alongwith an application, seeking

condonation of 40 days delay caused therefore. This

application, seeking condonation of delay being M.A.

No. 184/2019, was rejected by Ad-hoc District Judge-

3, Thane. Whereafter, this application is preferred

under Section 482 of the Code of Criminal Procedure,

1973.

3. Heard. Learned Counsel for the parties. Perused

the impugned order.

4. Learned Counsel for the Respondent-wife

vehemently opposed the application and contended

13.APL-479-2020.doc

that since the date of the order passed in D.V.

application No. 214/2017, the Applicant No.1 has

paid Rs. 30,000/- as against the total arrears of

maintenance of Rs. 2,04,000/-. It is argued that

the applicant be directed to deposit the entire

amount and thereafter Court may condone delay, if

"sufficient cause" is shown.

5. Mr. Kantharia, on instructions submitted that

till date, the Applicants have deposited Rs.

1,19,000/- in the bank account of Respondent-wife;

however, learned Counsel for Respondent disputes

this fact.

6. Be that as it may, the Applicants shall pay the

balance amount Rs. 84,000/- to the Respondent-wife

within eight weeks from today.

7. In consideration of the facts of the case and in

view of the averments made in the application, I am

13.APL-479-2020.doc

satisfied that, 'sufficient cause' has been shown

for condoning delay caused in preferring the appeal

under Section 29 of the D.V. Act against the

judgment and order dated 24th December, 2018 in D.V.

Application No. 214/2017 passed by the J.M.F.C.,

Thane.

8. Thus, the application is allowed in the

aforesaid terms and disposed of accordingly.

9. Parities are directed to cause their appearance

before the learned Additional Sessions Judge, Thane

on 23rd November, 2021.

                                                      (SANDEEP K. SHINDE, J.)


                   MOHAMMAD   Digitally signed by
                              MOHAMMAD NAJEEB
                   NAJEEB     MOHAMMAD
                              QAYYUM
                   MOHAMMAD   Date: 2021.10.21
                   QAYYUM     19:30:35 +0530




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