Bombay High Court

SWAPNIL SIDDHARTH KATKARversusSAU KRANTI SWAPNIL KATKAR AND ANOTHER

Disposal: DISPOSED OFF

Holding

The court condoned the delay, stayed the maintenance order subject to a deposit of Rs.4,00,000 as arrears, and referred the dispute to mediation.

Summary

The applicant filed a criminal application seeking condonation of a 195‑day delay in filing a revision against a Family Court order under Section 125 of the CrPC directing maintenance payments. The court first allowed the condonation of delay. In the revision, the applicant contended that the maintenance order was passed without giving him a hearing. The court held that the applicant must demonstrate bona‑fide intent by depositing arrears of Rs.4,00,000 before the court. Subject to that deposit, the court stayed the execution of the maintenance order and referred the matter to mediation, appointing an advocate as mediator. The respondents were permitted to withdraw the deposited amount after the applicant’s compliance.

Issues considered

Whether a delay of 195 days in filing a revision application can be condoned.
Whether a maintenance order under Section 125 CrPC can be stayed pending the applicant’s deposit of arrears.
Whether the applicant must deposit arrears to show bona‑fide intent before the court stays the order.

Legislation cited

Code of Criminal Procedure — s. 125

Subjects

maintenance
Section 125 CrPC
condonation of delay
revision application
stay of execution
mediation

Judgment

                                                           4996.24appln
                                    (1)

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

    934 CRIMINAL APPLICATION NO. 4996 OF 2024
                    IN /WITH
CRIMINAL REVISION APPLICATION (ST) NO.13625 OF 2024

                SWAPNIL SIDDHARTH KATKAR
                          VERSUS
          SAU KRANTI SWAPNIL KATKAR AND ANOTHER
                                   …..
Mr S. V. Kulkarni, Advocate for Applicant
Mr S. B. Yawalkar, Advocate for Respondents
                                 …..
                         CORAM : SUSHIL M. GHODESWAR, J.

                              DATE : 28th AUGUST, 2026
P. C. :


           CRIMINAL APPLICATION NO. 4996 OF 2024


1.             Heard learned Advocate for the applicant.


2.             This is an application for condonation of delay of 195

days caused in filing revision application.


3.             Learned Advocate for respondents strongly opposes the

application.


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

allowed. Delay is condoned. This Criminal Application is disposed

of.
                                                            4996.24appln
                                  (2)

5.          Criminal Revision Application be registered.



CRIMINAL REVISION APPLICATION (st.) NO. 13625 OF 2024


6.          Heard learned Advocate for the applicant and learned

Advocate for the respondents.


7.          The applicant is challenging the order dated 21/02/2024,

passed by the learned Family Court in Petition E-118/20222 under

Section 125 of the Code of Criminal Procedure, wherein the applicant

has been directed to pay maintenance of Rs.15000/- p.m. to respondent

No.1/wife and Rs.10000/- p.m. to respondent No.2/son.


8.          Mr Kulkarni, learned Advocate for applicant submits that

applicant is challenging the aforesaid order on the premise that the

impugned order is passed behind his back and he had not given any

opportunity of hearing.


9.          Learned Advocate for the respondents points out that

maintenance amount is pending from the applicant.


10.         In view of above, this Court hold that, in order to show

bona fide of the applicant, he should deposit certain amount before this

Court.
                                                              4996.24appln
                                   (3)

11.           Accordingly, the applicant shall deposit Rs.4,00,000/- as

arrears of maintenance in this Court, within a period of six weeks from

today.


12.           Mr Kulkarni, learned Advocate for the applicant prays for

stay to the execution of the impugned order dated 21/02/2024, passed

in Petition E-118/2022 under Section 125 of the Code of Criminal

Procedure.


13.           Accordingly, subject to deposit of arrears of maintenance,

as above, the impugned order is hereby stayed.


14.           At the outset, Mr Kulkarni further submits that his client

is willing for settlement, and as such, prays for referring this matter for

mediation. Both the learned Advocates suggest the name of learned

Advocate Mr S. K. Kadam as the Mediator.


15.           In view of above, this matter is referred for mediation. Mr

S. K. Kadam, learned Advocate is hereby appointed as the Mediator.

The parties are directed to appear before Mr Kadam initially on

11/09/2026, and thereafter, to appear as per his directions. Learned

Mediator shall submit his report of mediation within four weeks

thereafter.
                                                       4996.24appln
                               (4)

16.        After depositing the amount of arrears of maintenance by

the applicant, as above, respondents are permitted to withdraw the

same.



                                 [SUSHIL M. GHODESWAR, J.]
sjk

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