Bhimrao Dhondiba Honrao Patil vs Madhavi W/O Bhimrao Honrao Patil And ...
2024 Latest Caselaw 22899 Bom

Bombay High Court

Bhimrao Dhondiba Honrao Patil vs Madhavi W/O Bhimrao Honrao Patil And ... on 6 August, 2024

2024:BHC-AUG:17531
                                               1                    998-CrRn-33-34.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                           CRIMINAL REVISION APPLICATION NO. 33 OF 2024

                              BHIMRAO DHONDIBA HONRAO PATIL
                                             VERSUS
                      MADHAVI W/O BHIMRAO HONRAO PATIL AND ANOTHER
                                               ...
                          Advocate for Applicant : Ms. Rakhi V. Sundale
                      Advocate for Respondents : Mr. Bharat N. Gadegaonkar
                                               ...

                                                   CORAM : S. G. MEHARE, J.
                                                   DATE    : 06-08-2024
                PER COURT :-


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

                counsel for the respondents.


                2.    The applicant has impugned ex-parte Judgment and Order of

                the learned Judge, Family Court, Nanded, passed in Petition No.E-

                262   of   2021, dated 11.09.2023, awarding maintenance of

                Rs.5,000/- per month to respondent No.1 and Rs.4,000/- per month

                to Respondent No. 2.


                3.    The learned counsel for the applicant submits that since the

                applicant has changed his residential address, he did not receive

                summons and he could not attend the proceedings. The applicant

                has a good case on merit.      He did not refuse and neglect to

                maintain respondent / wife. Since the applicant was absent, each

                contention of the respondent has been admitted.
                                   2                    998-CrRn-33-34.odt




4.     The learned counsel for the respondents has strongly

opposed the submissions of the learned counsel for the applicant.

He submits that whether the applicant has changed his residential

address, is a matter of evidence. He never intimated the

respondent / wife about change of his address.


5.     The learned counsel for the applicant states that as per the

directions of this Court, he has deposited 50% of the arrears

amount of the maintenance.


6.     Considering the grounds for his absence, it ground appears

to be sound and probable. Therefore, the Court is of the view that

fair opportunity should be granted to the petitioner to contest the

petition on merit.


7.     The matrimonial relationship is not in dispute.              The

respondent/wife is not residing with the petitioner/husband.

Hence, her interest also needs to be protected. Hence, the order:-

                               ORDER

(i) The criminal revision application is allowed.

(ii) The impugned ex-parte Judgment and order of the learned

Judge, Family Court, Nanded, in Petition No.E-262 of 2021,

dated 11.09.2023, stands quashed and set aside, on the

condition that the applicant/husband should clear the

arrears of remaining maintenance in three (3) equal 3 998-CrRn-33-34.odt

installments from the date of their appearance before the

concerned Court and should continue to pay Rs.6,000/- (Rs.

Six Thousand) per month to the respondents till the

conclusion of the petition.

(iii) Both parties to appear before the learned Judge, Family

Court, Ahmednagar, on 21.08.2024.

(iv) The applicant/husband should be ready with the written

statement on 21.08.2024.

(v) Subject to co-operation of both parties, the learned Judge,

Family Court, Ahmednagar, is requested to decide the

application within three (3) months thereafter.

( S. G. MEHARE ) JUDGE

rrd