Mohd. Waseem S/O Mohd Gulam Sabir vs Shabnum Fatema W/O Mohd. Waseem
2023 Latest Caselaw 7516 Bom

                                                   1                             29.appr.433.2022

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH, NAGPUR.

         CRIMINAL APPLICATION (APPR) NO. 433 OF 2022
                                IN
  CRIMINAL REVISION APPLICATION (REVN) (ST.) NO. 10218 OF 2022
               Mohd. Waseem S/o. Mohd. Gulam Sabir
                               .VS.
                Shabnum Fatema W/o. Mohd. Waseem
 _______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
          Mr S. I. Ghatte, Advocate for the applicant
          Mr Sanket Bhalerao, Advocate for the non-applicant


                               CORAM : G.A. SANAP, J.

DATE : JULY 27, 2023.

Heard.

2. This is an application for condonation of 382 days delay caused in filing the revision against the judgment and order dated 01.12.2021 passed by the learned Judge of the Family Court, Nagpur.

3. Learned Advocate for the applicant submitted that the grounds stated in the application are sufficient to condone the delay. Learned Advocate for the non-applicant submitted that in terms of the order dated 01.12.2021, the applicant has not paid the arrears. Learned Advocate further submitted that in execution application warrant has been

2 29.appr.433.2022

issued against the applicant. Learned Advocate for the applicant, on instructions, submitted that the applicant is ready to deposit Rs.3,00,000/- within ten days from today towards the arrears. Learned Advocate further submitted that subject to deposit of Rs.3,00,000/- towards arrears the warrant issued against him may be stayed.

4. In my view, considering the nature of dispute and the fact that the non-applicant/wife has applied for execution it would be just and proper to condone the delay subject to a condition that the applicant shall deposit Rs.3,00,000/- within ten days. Accordingly, the application for condonation of delay is allowed.

5. The delay of 382 days caused in filing the revision is condoned subject to condition that the applicant/ husband shall deposit Rs.3,00,000/- within ten days from today in the Family Court, Nagpur. If he fails to deposit the amount of Rs.3,00,000/- within ten days the application for condonation delay shall stands automatically dismissed.

6. In view of the above, the warrant issued against the applicant for recovery of the arrears shall remain stayed until further orders. The non-applicant/wife is at liberty to proceed further before the Family Court for recovery of the

3 29.appr.433.2022

remaining arrears.

7. The revision application be registered.

8. The criminal application stands disposed of accordingly.

CRIMINAL REVISION APPLICATION (REVN) (ST.) NO. 10218 OF 2022

9. Heard.

10. After registration of revision, issue notice to the non-applicants, returnable on 17.08.2023.

11. Learned Advocate Mr Sanket Bhalerao waives service of notice on behalf of non-applicant.

12. Time till 17.08.2023 is granted for filing reply, if any.

(G. A. SANAP, J.) Namrata