[Cites 3, Cited by 0]
Bombay High Court
Sumeet Alias Ganesh Sanjay Gosavi vs Prerna Sumeet Gosavi And Another on 16 February, 2026
2026:BHC-AUG:6612
{1} REVN 350 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO. 350 OF 2025
Sumeet @ Ganesh Sanjay Gosavi
Age: 40 years, Occu.: Unemployed,
R/o. : 203, Agrasen Tower, CHS,
Kolbad Road, Near Pratap Talkies,
Khopat, Thane (West) ....Applicant
(Ori. Respondent)
Versus
1) Prerna Sumeet Gosavi
Age: 34 years, Occu.: Share Trading,
2) Kum.Grishma Sumeet Gosavi
Age : 5 years, Occu.: Eduction,
Minor through her mother,
Both R/o. : C/o Dilip Devidas Buva,
Plot No.46, Gut No.60,
Shiv-Shakti Apartment, Ground Floor,
Shiv Colony, Jalgaon,
Tq. and Dist.Jalgaon. .....Respondents
(Ori. Petitioners)
.....
Advocate for Applicant : Mr. Avishkar S. Shelke
Advocate for Respondent no.1 : Mr. Akshay Gangabhushan, Mulange
.....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 12 FEBRUARY, 2026
PRONOUNCED ON : 16 FEBRUARY, 2026
ORDER :
1. Revisionist husband hereby takes exception to judgment and
order dated 22-07-2025 passed by learned Judge, Family Court,
Jalgaon, in Petition No.E-21 of 2024.
{2} REVN 350 OF 2025
2. Learned counsel for the revision petitioner pointed out that,
there is no dispute that revision petitioner and respondent no.1 are
husband and wife. That, due to marital discord, wife left his
company and they both are currently residing separately. That, wife
instituted above proceedings by invoking Section 125 of the Code of
Criminal Procedure and claimed maintenance. That, there is no
dispute that notice was issued to him by learned Family Court,
however, due to lack of communication between he and his counsel,
proceedings before learned Family Court proceeded ex-parte against
him. That, infact he has a good case on merits and that, to afford
him opportunity to contest the matter on merits, he urges to remand
the matter back to the learned Family Court for fresh trial, which he
undertakes to diligently work out and that, even matter can be made
time-bound.
3. The above application and prayer is opposed by learned
counsel for respondent no.1 wife pointing out that, in spite of notice,
there was no contest. Moreover, huge arrears have accumulated to
the tune of Rs.14,00,000/-. He submits that, if at all matter is to be
remanded to Family Court to afford opportunity to revision
petitioner, revision petitioner be directed to deposit atleast half of the
{3} REVN 350 OF 2025
arrears before the Family Court and he prays to make the matter
time-bound.
4. After considering above submissions and on going through the
papers, it appears that revision petitioner and respondent no.1 are
married and they also have a female child. Levelling allegations of
mal-treatment and after filing FIR under Sections 498A, 323, 504,
506, 510 read with 34 of the IPC, parties seem to have started
residing separately and subsequently, wife seems to have instituted
above proceedings before Family Court bearing Petition No.E-21 of
2024. Notice seems to have issued by learned Family Court, but in
spite of service of notice, present revision petitioner failed to appear
and therefore, matter was taken up ex-parte against him and on the
strength of wife's testimony and evidence adduced by her parents,
order was passed on 22-07-2025 awarding maintenance to both wife
and daughter.
5. Admittedly, here, there is no contest by present revision
petitioner in the Family Court. Revisions petitioner seems to be
residing at Thane and wife seems to have instituted proceedings at
Family Court at Jalgaon. Therefore, as submitted, possibility of
miscommunication between revision petitioner and Advocate
{4} REVN 350 OF 2025
engaged by him cannot be ruled out. Now, before this court, revision
petitioner husband has undertaken to diligently work out the matter,
if given a chance and that he has a good case on merits. Submission
of learned counsel for respondent no.1 wife for depositing half of the
arrears accumulated till date is also acceptable to the revision
petitioner.
Therefore, to afford a fair opportunity, matter is required to be
remanded to learned Judge, Family Court, Jalgaon, who shall afford
an opportunity to revision petitioner herein to contest proceedings
instituted by respondent no.1 wife and make endeavour to conclude
the proceedings as early as possible. As stated above, the said
contest and remand of the matter is subject to revision petitioner
depositing Rs.7,00,000/- out of arrears of Rs.14,00,000/- before the
learned Family Court within a period of three weeks from date of
receipt of copy of this order and cause appearance on the date
provided by learned Family Court. Accordingly, following order is
passed :
ORDER
(I) The ex-parte Judgment and order dated 22-07-2025
passed by the learned Judge, Family Court, Jalgaon, in
Petition No.E-21/2024 is hereby quashed and set aside.
{5} REVN 350 OF 2025
(II) The matter is remanded back to the Family Court,
Jalgaon, subject to revision petitioner depositing
Rs.7,00,000/- out of arrears of Rs.14,00,000/- before the
learned Family Court within a period of three weeks from
date of receipt of copy of this order.
(III) Revision Petitioner is directed to deposit
Rs.7,00,000/- out of arrears of Rs.14,00,000/- before the
learned Family Court within a period of three weeks from
date of receipt of copy of this order.
(IV) Parties to appear before the learned Judge, Family
Court, Jalgaon on 05-03-2026.
(V) Learned Judge, Family Court, Jalgaon, shall afford
opportunity to revision petitioner to contest the
proceedings.
(VI) Learned Judge, Family Court, Jalgaon, shall make
endeavour to conclude the proceedings as early as possible
and preferably within six months from the date of receipt
of the order.
(VII) Record and Proceedings be sent back to the Family
Court, Jalgaon forthwith.
(VIII) Criminal Revision Application is disposed of in above
terms.
( ABHAY S. WAGHWASE )
JUDGE
SPT
