Vikas Mohan Harale vs Ratnaprabha W/O Vikas Harale And ...
2023 Latest Caselaw 1299 Bom

                               1                 961-Cri.Rev.Appln.113-22.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

          961 CRIMINAL REVISION APPLICATION NO.113 OF 2022

                     VIKAS MOHAN HARALE
                            VERSUS
           RATNAPRABHA W/O VIKAS HARALE AND ANOTHER

                                    ...
       Advocate for Applicant : Ms. Pratiksha Kale h/f Mr. Kulkarni
                                Suvidh S.
           Advocate for Respondents : Mr. Gadekar Anant D.
                                    ...

                               CORAM :     S. G. MEHARE, J.
                               DATE :      07.02.2023

     PER COURT :-


     1.      Heard the learned counsel for the applicant and learned

     counsel for the respondents.


     2.      Learned counsel for the applicant has vehemently argued

     that due to the absence of lawyer representing him before the

     Trial Court, he could not cross-examine the applicant. He is

     not at fault. Therefore, opportunity may be granted to him to

     contest the matter on merit.


     3.        Learned counsel for the respondent would submit that

     the contention of the applicant is not bonafide. The

     respondents have no source of income. Therefore, prayer to

     remit the matter back cannot be accepted.




::: Uploaded on - 07/02/2023                 ::: Downloaded on - 09/02/2023 03:13:53 :::
                                      2                961-Cri.Rev.Appln.113-22.odt



     4.      Perused the record and impugned order. Learned counsel

     appearing for the present applicant was found absent on the

     material date. In the interest of justice, opportunity to contest

     the petition on merit may be granted and the matter may be

     remitted back to the Trial Court for disposal on merit without

     disturbing the order of this Court dated 22.08.2022, except

     some modification. Hence, the following order :

                                         ORDER

(i) Criminal Revision Application is allowed.

(ii) The impugned judgment and order of learned

Judge, Family Court, Jalna in Petition No.E-13 of

2021, dated 07.01.2022 is quashed and set aside

on the condition that the applicant shall continue

to pay Rs.5,000/- per month till the disposal of the

application.

(iii) The case is remitted back for trial afresh.

(iv) Opportunity be granted to both sides to lead the

evidence.

(v) Record and Proceedings be returned to the learned

Family Court, Jalna.

3 961-Cri.Rev.Appln.113-22.odt

(vi) Learned Judge, Family Court is directed to dispose

of the application at the earliest.

(S. G. MEHARE, J.)

...

vmk/-