Bombay High Court

AVINASH S/O. VITHALRAO DUDHMALversusSHITAL W/O. AVINASH DUDHMAL

Disposal: DISPOSED OFF

Holding

The revision application is dismissed and the Family Court's maintenance order is upheld.

Summary

The petitioner, Avinash, challenged a Family Court order dated 04.12.2017 that awarded his wife, Shital, maintenance of Rs.3,000 per month. The petition was filed as a revision after a delay of 386 days. The High Court first considered a criminal application regarding the petitioner's non‑appearance and, after condoning the delay, disposed of that application. The revision was then heard, and the Court examined the Family Court's reasoning. Finding no error in the original order and no merit in the revision, the Court upheld the maintenance award and dismissed the revision application.

Issues considered

Whether the 386‑day delay in filing the revision can be condoned.
Whether the Family Court's award of maintenance is liable to be set aside on revision.
Whether there is any merit in the revision application.

Subjects

maintenance
family law
revision
delay condonation
matrimonial dispute

Judgment

2026:BHC-AUG:37771


                                                *1*                     902appln1124o19


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           CRIMINAL APPLICATION NO. 1124 OF 2019
                                    IN REVNST/102/2019
                          AVINASH S/O. VITHALRAO DUDHMAL
                                        VERSUS
                             SHITAL W/O. AVINASH DUDHMAL
                                           ...
                None for the Applicant.
                                           ...


                                    CORAM : SUSHIL M. GHODESWAR, J.

                                    DATE : 20 August 2026


                P. C. :-

                1.            Even today, none appears for the applicant.


                2.            On the last occasion on 13.08.2026, this Court has

                observed that if nobody appears for the applicant, this Court

                would proceed with the matter in accordance with law.


                3.            The dispute between the parties is matrimonial. The

                applicant has challenged the judgment and order dated

                04.12.2017 passed by the learned Family Court, Nanded, in

                Petition No.E-63/2016 thereby, awarding maintenance of

                Rs.3000/- per month to the wife. However, there is delay of 386

                days in filing the revision.
                                     *2*                     902appln1124o19


      4.           For the reasons stated in the application, delay is

      condoned. Criminal Application No.1124/2019 is disposed of.


      5.           Revision Application is taken up for hearing. I have

      perused the impugned order. I find that the learned Family Court

      has rightly awarded the compensation. In view of the reasoning

      given by the Family Court, no interference is warranted. There is

      no error or mistake in the impugned order. As such, there is no

      merit in the revision application. The Revision Application is

      dismissed.




kps                            ( SUSHIL M. GHODESWAR, J. )

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