Bombay High Court

TRIMABAK RAJARAM SHIKHAREversusMEERA TRIMABK SHIKHARE

Disposal: DISMISSED

Holding

The applications are dismissed for want of prosecution due to the applicant's failure to fulfill the condition of depositing the required amount.

Summary

On 24 March 2025 the High Court of Bombay, Aurangabad Bench, granted the applicant interim relief restraining coercive steps, conditioned upon the deposit of Rs.50,000 in the Family Court. The applicant failed to make the deposit and the notice to the respondent could not be served due to an incorrect address. The court noted the applicant's non‑compliance with its earlier order. Consequently, the court held that the criminal application and the accompanying revision were untenable for want of prosecution. The interim stay previously granted was therefore vacated and the applications were dismissed.

Issues considered

What is the effect of the applicant's failure to comply with the condition of depositing the stipulated amount?
Does non‑compliance constitute a want of prosecution justifying dismissal of the criminal application and revision?

Subjects

interim relief
family court
non‑compliance
want of prosecution
criminal application
stay vacated

Judgment

2026:BHC-AUG:38629


                                                *1*                      958appln4725o24


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           CRIMINAL APPLICATION NO. 4725 OF 2024
                                   IN REVNST/12915/2024
                             TRIMABAK RAJARAM SHIKHARE
                                        VERSUS
                               MEERA TRIMABK SHIKHARE
                                          ...
                None for the Applicant.
                                          ...

                                    CORAM : SUSHIL M. GHODESWAR, J.
                                    DATE : 25 August 2026
                P. C. :-

                1.            On 24.03.2025, this Court has granted interim relief

                of not taking coercive steps subject to the applicant depositing

                Rs.50,000/- in the Family Court.

                2.            Office remark shows that the applicant has not

                deposited the amount in the Family Court. It is also stated that

                the notice to the respondent is returned unserved as correct

                address is not provided. The applicant has not complied with the

                order dated 24.03.2025.

                3.            In view of the above, the Criminal Application as

                well as the Criminal Revision Application are dismissed for want

                of prosecution. Needless to state, interim stay stands vacated.


        kps                               ( SUSHIL M. GHODESWAR, J. )

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