Shaikh Imranoddin Shaikh ... vs Saba W/O. Imranoddin Shaikh And ...
2022 Latest Caselaw 11066 Bom

                                 1             947-Cri.Appln.192-22+1.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

          947 CRIMINAL REVISION APPLICATION NO.192 OF 2022

               SHAIKH IMRANODDIN SHAIKH HAFIJODDIN
                             VERSUS
             SABA W/O. IMRANODDIN SHAIKH AND ANOTHER

                                    ...
      Advocate for Applicant : Mr. S. B. Joshi & Mr. S. S. Patnurkar
                       for J. P. Legal Associates.
     Advocate for Respondent Nos.1 & 2 : Adv. Ansari Asfia Nuzhat.
                                    ...

                               CORAM :      S. G. MEHARE, J.
                               DATE :       19.10.2022

     PER COURT :-


     1.      Heard the learned counsel for the applicant and the

     learned counsel for the respondents.


     2.      The impugned order has been challenged only on the

     ground that opportunity to lead the evidence was declined by

     the Court since the learned counsel appearing for him did not

     file an affidavit as per the directions of the Hon'ble Apex Court

     in the case of Rajnesh Vs. Neha, (2021) 2 SCC 324.                 The

     applicant's counsel would submit that as per the order of this

     Court dated 14.07.2022, he is paying maintenance to the

     respondent/wife and child. Learned counsel for the applicant

     would submit that if the opportunity is granted, the purpose




::: Uploaded on - 20/10/2022                  ::: Downloaded on - 21/10/2022 14:18:08 :::
                                      2             947-Cri.Appln.192-22+1.odt


     would be served. However, he is ready to abide by the

     conditions imposed by this Court in its order dated 14.07.2022.


     3. Learned counsel for the respondents would submit that the

     applicant was not diligent. But the fact remains that he did not

     lead the evidence before the Court. In view of that matter, the

     opportunity needs to be granted to lead the evidence. Hence,

     the revision application deserves to be allowed. Hence, the

     following order :

                                    ORDER

(i) Criminal Revision Application is allowed.

(ii) The impugned judgment and order passed by the learned Judge, Family Court, Aurangabad, dated 12.11.2021 is set aside.

(iii) The opportunity is granted to the applicant to lead the evidence within two (2) months and continue to pay the maintenance, as per the order of this Court, dated 14.07.2022.

(iv) Record and Proceedings be returned to the concerned Court.

(S. G. MEHARE, J.) ...

vmk/-