Bombay High Court
SYED RIZWAN SYED ABDUL AZIZversusSUMAIYYA SYED RIZWAN
- Disposal
- DISMISSED
Holding
The stay order dated 01‑08‑2024 is vacated and the criminal revision application is dismissed for want of prosecution.
Summary
The applicant failed to appear before the High Court despite multiple notices and also defaulted on the maintenance payment of Rs.3,000 per month, accruing a arrear of Rs.1,23,000 even after depositing the earlier arrears of Rs.2.40 lacs. The respondent’s counsel urged the Court to vacate the stay order dated 01‑08‑2024, which had been imposed on a Family Court order, on the ground of the applicant’s non‑compliance. The Court observed that the applicant’s continuous absence and default demonstrated a lack of interest in prosecuting the matter. Consequently, the Court dismissed the criminal revision application for want of prosecution and vacated the stay order. The dismissal effectively restores the original Family Court order requiring the applicant to continue paying maintenance.
Issues considered
- Whether the stay order dated 01‑08‑2024 should be vacated due to the applicant’s default in maintenance payment and failure to appear before the Court.
- Whether the criminal revision application can be dismissed for want of prosecution.
Subjects
- stay order
- maintenance
- default
- non‑appearance
- criminal revision
- family court
- vacated order
Judgment
2026:BHC-AUG:42961
*1* 911appln1852o24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1852 OF 2024
IN REVNST/4967/2024
SYED RIZWAN SYED ABDUL AZIZ
VERSUS
SUMAIYYA SYED RIZWAN
...
None for the Applicant.
Shri Tilve Akshay Subhash, Advocate for the Respondent.
...
CORAM : SUSHIL M. GHODESWAR, J.
DATE : 22 September 2026
P. C. :-
1. Vide order dated 04.09.2026, since nobody had
appeared on behalf of the applicant, this Court kept the matter
today observing that if none appears on behalf of the applicant on
the next date, this Court would presume that the applicant has
lost interest in the matter.
2. Today also, none appears for the applicant.
3. Heard Shri Tilve, the learned advocate for the
respondent, who has invited attention of this Court to the order
dated 01.08.2024 by which, this Court had stayed the impugned
order dated 24.01.2023 passed by the learned Judge, Family
*2* 911appln1852o24
Court, Aurangabad, in Petition No.E-53/2020 subject to deposit
of arrears of Rs.2.40 lacs and further to continue to pay
maintenance of Rs.3000/- per month to the respondent. It is
pointed out that the applicant has though deposited arrears of
Rs.2.40 lacs, however, he has committed default in paying
regular maintenance of Rs.3000/- per month. As such, the
outstanding amount on account of this default comes to
Rs.1,23,000/-. In view of the conduct of the applicant, the
learned advocate for the respondent prays that the stay order be
vacated and the instant Revision Application itself be dismissed.
4. In view of the above and considering the fact that
after obtaining relief from this Court, the applicant has been
continuously absent despite giving opportunities and has also
committed default in payment of maintenance, the Criminal
Application as well as the Criminal Revision Application are
dismissed for want of prosecution. The stay order dated
01.08.2024 is also vacated.
kps ( SUSHIL M. GHODESWAR, J. )
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