Gujarat High Court
Gurpratap Singh S/O Jagdish Singh vs State Of Gujarat on 8 August, 2025
NEUTRAL CITATION
R/CR.MA/24923/2024 ORDER DATED: 08/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
24923 of 2024
In F/CRIMINAL REVISION APPLICATION NO. 47241 of 2024
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GURPRATAP SINGH S/O JAGDISH SINGH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
AAKASH D MODI(7449) for the Applicant(s) No. 1
MS SHRILRAJA J INAMDAR(12053) for the Respondent(s) No. 2
MR. H.K. PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 08/08/2025
ORAL ORDER
1. The present application has been preferred by the present
applicant original - respondent husband to condone the delay
of 42 days in preferring revision application against the order
passed by the learned Family Court, Vadodara. Further, it is
submitted that the present applicant is permanent residing at
U.S.A. and he was not aware of the outcome of this
proceeding before the Vadodara Family Court and subsequently
after it came to know about this proceeding before the learned
Family Court, contact his advocate and hence delay of 42 days
has been caused in preferring this revision application. Further,
he stated that as on today there is a arrears of maintenance of
Rs.7,00,000/- and present applicant is ready and willing to
deposit Rs.5,00,000/- from four weeks from today and
NEUTRAL CITATION
R/CR.MA/24923/2024 ORDER DATED: 08/08/2025
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remaining Rs.2,00,000/- thereafter two weeks. So prayed to
condone the delay.
2. On the other hand, learned advocate for the respondent
No.2 original applicant wife has vehemently opposed the said
application and submitted that reasons stated in the application
is not sufficient cause to condone the delay and no reason has
been stated and the reasons stated is not genuine, so delay
condone application is to be dismissed.
3. After considering, rival submissions of the parties,
perusing the contention raised in the application in the catena
of judgment Hon'ble Apex Court has held that when the
technicality has pitted against the substantial justice, Court has
to give preference to substantial justice, So far the reasons
stated for delay of 42 days is concerned, found to be genuine
and satisfactory to this Court and the present application
requires consideration, delay has been condone. The present
application is allowed and further, the present applicant has to
deposit Rs.5,00,000/- within four weeks from the date of
passing of this order before the learned Family Court,
Vadodara and further Rs.2,00,000/- be deposited two weeks
thereafter before the learned Family Court, Vadodara.
4. Registry to give Criminal Revision Number.
Rule made absolute.
(L. S. PIRZADA, J)
HRT
