Shaikh Sadiq Shaikh Afsar vs Fatema Bee Shaikh Sadiq
2023 Latest Caselaw 1172 Bom

                                                                  968-revn-354-2022.odt
                                        (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

            CRIMINAL REVISION APPLICATION NO.354 OF 2022

                       SHAIKH SADIQ SHAIKH AFSAR
                                    VERSUS
                         FATEMA BEE SHAIKH SADIQ
                                       ...
                 Advocate for Applicant : Mr. Kulkarni Abhishek
                 Advocate for Respondent : Mr. Vikrant Palsikar
                                       ...
                                        CORAM : S.G. MEHARE, J.

                                        DATED : FEBRUARY 03, 2023

 PER COURT:-

 1.               Heard learned counsel for the applicant and learned

 counsel for the respondent.

 2.               The applicant proceeded ex-parte.       He was served but

 due to some reason, he could not appear.

 3.               Learned counsel for the applicant prays to take a lenient

 view and grant an opportunity to contest the petition on merit. The

 order granting maintenance appears not on higher side.

 4.               Learned counsel for the respondent opposed the

 application.

 5.               The applicant did not respect the Court notice; however

 in the interest of justice, opportunity may be granted to him on

 certain conditions.

 6.               In view of the above, the following order is passed :




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                                                                      968-revn-354-2022.odt
                                            (2)


                                       ORDER

 I)           The application is allowed.

 II)          The impugned judgment and order of the learned Judge, Family

Court, Aurangabad in Petition E-170 of 2021 dated 03.03.2022 is set

aside and leave granted to the applicant to contest the petition on

merit by filing written statement, on the condition that the applicant

shall clear the arrears of maintenance within two months from today

and continue to pay the amount of maintenance granted by the

learned Judge, Family Court, Aurangabad.

III) If the applicant fails to comply with these conditions, this order

would automatically cancelled.

IV) Record and proceedings be returned to the Family Court,

Aurangabad.

(S.G. MEHARE, J.)

Mujaheed//