Bombay High Court
Shrimant S/O. Harishandra ... vs Shobha/Laxmi W/O. Shrimant ... on 28 March, 2023
Bench: S. G. Mehare
1 953-Cri.Rev.Appln.37-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
953 CRIMINAL REVISION APPLICATION NO.37 OF 2020
SHRIMANT S/O. HARISHANDRA KHANDAGALE
VERSUS
SHOBHA @ LAXMI W/O. SHRIMANT KHANDAGALE
...
Advocate for Applicants : Mr. Ingale Vivekanand V.
Advocate for Respondent : Mr. Sanjay A. Wakure
...
CORAM : S. G. MEHARE, J.
DATE : 28.03.2023
PER COURT :-
1. Heard the learned counsel for the applicant and the
learned counsel for the respondent.
2. Skipping the grounds impugning the order on merit, the
learned counsel for the applicant would submit that the
applicant could not avail the opportunity to cross-examine the
witnesses and lead the evidence. Therefore, a fair opportunity
may be granted to contest the application on merit.
3. The learned counsel for the respondent would argue that
there were no justifiable reasons to remit the matter. Sufficient
opportunities were granted to him to cross-examine the
witnesses and lead the evidence, but he did not care. The
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2 953-Cri.Rev.Appln.37-20.odt
learned Judge, Family Court, has correctly proceeded ahead.
Therefore, this is not a fit case for remitting the case back for
disposal on merit.
4. Perused the impugned order and Roznama. It appears
that the applicant applied to set aside the no cross order, which
was allowed. But, he did not avail the opportunity granted to
him by the learned Family Judge.
5. The learned counsel for the applicant would argue that
he could not approach the Court due to the financial crisis. He
was unaware of the progress of the case, and he was trying to
settle the dispute amicably as earlier he had settled. He never
had the intention to be absent from the appearance in Court.
He has good ground for contesting the application on merit.
Therefore, a liberal view may be taken.
6. Considering the facts of the case, the Court thinks it fit
and appropriate to take a liberal view, and the opportunity may
be granted to the applicant to contest the matter on merit,
provided the applicant has to clear the entire arrears of
maintenance and continue to pay the maintenance as per the
impugned order. In the above circumstances, the following
order is passed :
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3 953-Cri.Rev.Appln.37-20.odt
ORDER
(i) The criminal revision application is allowed.
(ii) The judgment and order of the learned Judge,
Family Court, Osmanabad, passed in Case No.E-3
of 2019, dated 07.01.2020, is quashed and set
aside.
(iii) The Petition is remitted back to the Family Court,
Osmanabad, for a fresh decision on granting the
opportunity to the applicant to cross-examine the
witnesses produced by the respondent-wife and
lead the evidence on the condition that he shall
clear the arrears of maintenance in three (3) equal
installments (one month each) from today and
continue to pay the amount of maintenance
granted in the impugned order till the conclusion
of the petition on merit.
(iv) The parties are directed to appear before the
Family Court, Osmanabad, on 13.04.2023.
4 953-Cri.Rev.Appln.37-20.odt
(v) The learned Judge, Family Court, is requested to
decide the case within four (4) months from the
date of the receipt of this order.
(S. G. MEHARE, J.)
...
vmk/-
