Bombay High Court

ASHOK S/O CHUNILAL DHOKAversusCHAITANYA S/O ASHOK DHOKA UNDER GARDIAN THROUGH AMITA W/O ASHOK DHOKA

Disposal: DISMISSED

Holding

The application is dismissed for want of prosecution, and the criminal revision stands dismissed.

Summary

The Bombay High Court, Aurangabad Bench, had earlier granted an ad‑interim order on 7 May 2024 directing the applicant to deposit 50% of the arrears of maintenance in the Family Court, Beed. The applicant failed to make any deposit and did not appear at the subsequent hearing on 14 February 2025, prompting the court to vacate the interim order. On 21 August 2026, the applicant again failed to appear, leading the court to conclude that the applicant had lost interest in the proceedings. Consequently, the application for condonation of delay was dismissed for want of prosecution, and the underlying criminal revision (Stamp No. 5118/2024) was also dismissed. The court’s final order dismissed the applicant’s application and the revision.

Issues considered

Whether the applicant's failure to comply with the ad‑interim maintenance order justifies vacating that order.
Whether the applicant's repeated non‑appearance constitutes want of prosecution warranting dismissal of the application.
Whether a condonation of delay application can be entertained after the applicant has shown lack of interest in the proceedings.

Subjects

maintenance
family court
ad‑interim order
non‑compliance
want of prosecution
condonation of delay
criminal revision

Judgment

2026:BHC-AUG:38150




                                                 -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                            939 CRIMINAL APPLICATION NO. 1905 OF 2024
                                      IN REVNST/5118/2024

                              ASHOK S/O CHUNILAL DHOKA
                                       VERSUS
               CHAITANYA S/O ASHOK DHOKA UNDER GARDIAN THROUGH AMITA
                                  W/O ASHOK DHOKA

              Mr.S.S.Munot, Advocate for Respondent Nos. 1 and 2.

                                  ( CORAM : SUSHIL M. GHODESWAR, J. )

                                      DATE : 21st AUGUST, 2026

              PER COURT :


              1.             By way of order dated 07.05.2024, this Court has granted

              ad-interim relief subject to deposit of 50% arrears of maintenance

              amount in the Family Court, Beed.        Therefore, on 21.06.2024, this

              Court has observed that after securing the order of ad-interim stay, the

              learned Advocates for the parties have not complied with the orders

              and not a single penny has been deposited. Therefore, by expressing

              serious concern about the conduct of the Applicant, ex-parte order

              granted by this Court on 07.05.2024 was vacated.        Thereafter, this

              matter was listed on 14.02.2025, on which date, the learned Advocate

              for the Applicant was absent.


              khs/Aug.2026/1905
                                   -2-




2.             Today also, nobody appears for the Applicant. In that view

of the matter, the Applicant seems to have lost interest in this matter.

Hence the instant Application stands dismissed for want of prosecution.



3.             As the application for condonation of delay stands

dismissed today, nothing survives in the Criminal Revision Application

Stamp No.5118/2024 and hence stands dismissed as such.




                                         ( SUSHIL M. GHODESWAR, J.)




khs/Aug.2026/1905

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