Bombay High Court

BHIMRAO DHONDIBA HONRAO PATILversusMADHAVI BHIMRAO HONRAO PATIL AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court condoned the delay, allowed the criminal revision application to be registered, and stayed the execution of the Family Court order conditioned on deposit of 50% of the maintenance arrears.

Summary

The petitioner filed a criminal application seeking condonation of a 99‑day delay in filing a criminal revision. The court examined the reasons for the delay and found them satisfactory. Accordingly, the delay was condoned and the criminal application was disposed. The court then directed that the criminal revision application be registered, subject to the petitioner depositing fifty percent of the maintenance arrears before the Family Court, Nanded, within two weeks. It also stayed the execution of the Family Court’s order dated 19‑11‑2025, conditioned upon the said deposit, and ordered that notice be issued to the respondents, which they waived service of.

Issues considered

Whether a delay of 99 days in filing a criminal revision application can be condoned.
Whether a stay of execution of the Family Court’s maintenance order can be granted subject to deposit of a portion of arrears.

Subjects

criminal revision
condonation of delay
maintenance arrears
family court
stay of execution

Judgment

                                                            2193.26appln
                                   (1)

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

     909 CRIMINAL APPLICATION NO. 2193 OF 2026
                     IN/WITH
 CRIMINAL REVISION APPLICATION (ST.) NO.5859 OF 2026

           BHIMRAO DHONDIBA HONRAO PATIL
                       VERSUS
      MADHAVI BHIMRAO HONRAO PATIL AND ANOTHER
                                  …..
Ms Nayana P. Patil, Advocate for Applicant
Mr G. G. Suryawanshi, Advocate for Respondents
                                 …..

                           CORAM : SUSHIL M. GHODESWAR, J.

                             DATE : 19th AUGUST, 2026

P. C. :

          CRIMINAL APPLICATION NO. 2193 OF 2026


1.           This is an application for condonation of delay of 99 days

caused in filing criminal revision application.


2.           Heard learned Advocates for the respective sides.


3.           For the reasons stated in the application, the same is

allowed. Delay is condoned. This Criminal Application is disposed

of.


4.           Criminal Revision Application be registered.
                                                            2193.26appln
                                   (2)

 CRIMINAL REVISION APPLICATION (ST.) NO.5859 OF 2026


5.            Heard learned Advocates for the respective sides.


6.            Subject to deposit of 50% of the amount of arrears of

maintenance before the learned Family Court, Nanded, within a period

of two weeks from today, issue notice to the respondents, returnable on

16/09/2026.


7.            Learned Advocate Mr Suryawanshi waives service of

notice on behalf of the respondents.


8.            Till the next date of hearing, the execution of the

impugned order dated 19/11/2025, passed by the learned Family Court,

Nanded be stayed on condition of depositing 50% amount of arrears of

maintenance.



                                       [SUSHIL M. GHODESWAR, J.]
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