Danish Ayyub Shaikh vs Tanzila Danish Shaikh And Another
2023 Latest Caselaw 7942 Bom

2023:BHC-AUG:16935

                                                  1                           53-CrAn-2111-23.odt




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD


                  CRIMINAL APPLICATION NO.2111 OF 2023 IN REVNST/5796/2023
                                   WITH REVNST/5796/2023

                                         DANISH AYYUB SHAIKH
                                                VERSUS
                                TANZILA DANISH SHAIKH AND ANOTHER
                                                   ...
                                 Advocate for Applicant : Mr. G. R. Syed
                           Advocate for Respondents : Mr. Narayan B. Narwade
                                                   ...

                                                      CORAM :        S. G. MEHARE, J.

                                                      DATE       : 07-08-2023

                PER COURT :-

1. Heard the learned counsel for the applicant/husband and the

learned counsel for the respondents/wife and child.

2. The applicant would submit that since he had lost his job he

was disturbed and could not contest the petition on merit, and

therefore, the delay is caused in preferring this petition.

3. The learned counsel for the respondents would submit that

the reasons for delay are not legal and proper.

4. Perused the reasons mentioned in the application. The

possibility of getting disturbed due to losing the job, cannot be

ruled out. It would be better to decide the application on merit.

2 53-CrAn-2111-23.odt

5. Since the order challenged before this Court was ex-parte,

this Court has already considered the grounds for delay and his

absence in the proceedings. The Court is of the view that an

opportunity needs to be granted to the applicant/husband to

contest the petition on merit. However, certain conditions may be

imposed. Hence, the order:-

i) Application No.2111 of 2023 is allowed.

ii) The delay caused in preferring the revision application

stands condoned.

iii) Registry is directed to register the revision application.

iv) After registration of the revision application, issue notice to

the respondents.

v) Mr. Narwade, the learned counsel waives service of notice

for respondents.

vi)      Revision application is allowed.

vii)     The judgment and order passed in Petition No. E-180 of 2018

dated 19.12.2019 by the learned Judge, Family Court,

Ahmednagar, is quashed and set aside.

viii) Respondents No.1 and 2/the wife and child would be entitled

to withdraw the amount deposited in the proceedings.

ix) Till the conclusion of the petition on merit, the applicant/

husband shall continue to pay Rs.10,000/- (Rs.Ten Thousand)

per month to the respondents/wife and child.

                                     3                          53-CrAn-2111-23.odt



x)       Both parties to appear before the Court of the learned Judge,

Family Court, Ahmednagar, on 25.08.2023.

xi) Applicant shall file his written statement on 25.08.2023 or

within two weeks thereafter. Both parties will be at the

liberty to lead their evidence.

xii) The learned Judge, Family Court, Ahmednagar, is directed to

decide the application on merit within six months from

25.08.2023.

xiii) It is made clear that the learned Judge, Family Court,

Ahmednagar should not get influenced by this order while

deciding the application on merit, particularly as regards the

quantum of maintenance to be granted to the wife and the

child. The application shall be decided afresh exclusively on

merit appreciating the evidence led by the parties.

( S. G. MEHARE ) JUDGE

rrd