Bombay High Court

VIJAYKUMAR YADAV KAMBLEversusPRATIKSHA VIJAYKUMAR KAMBLE

Disposal: APPLICATION ALLOWED

Holding

The court condoned the delay, allowed the criminal revision application, and directed the applicant to pay Rs.4,000 per month to the respondent during the pendency of the revision.

Summary

The applicant sought condonation of a 60‑day delay in filing a criminal revision application challenging an order that stayed execution of a maintenance decree. The court noted that the applicant had already deposited 50% of the arrears of maintenance as directed by its earlier order dated 08/04/2025. Considering the respondent's dependence on the maintenance and her unemployment, the court condoned the delay and allowed the revision application. It directed the applicant to pay Rs.4,000 per month to the respondent during the pendency of the revision. The respondent was also permitted to withdraw the amount previously deposited under the earlier order.

Issues considered

Whether the delay of 60 days in filing the criminal revision application can be condoned.
Whether the respondent is entitled to receive maintenance despite the earlier partial deposit.
Whether the applicant should continue to pay maintenance during the pendency of the revision.

Subjects

maintenance
criminal revision
condonation of delay
family law
execution stay

Judgment

                                                           552.25appln
                                   (1)

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

     914 CRIMINAL APPLICATION NO. 552 OF 2025
                    IN / WITH
 CRIMINAL REVISION APPLICATION (ST) NO.1462 OF 2025

                VIJAYKUMAR YADAV KAMBLE
                          VERSUS
            SOU. PRATIKSHA VIJAYKUMAR KAMBLE
                                  …..
Ms P. G. Sontakke, Advocate h/f Mr G. K. Sontakke, Advocate for
Applicant
Mr Mohit R. Deshmukh, Advocate for Respondent
                                …..
                        CORAM : SUSHIL M. GHODESWAR, J.

                             DATE : 19th AUGUST, 2026
P. C. :

           CRIMINAL APPLICATION NO. 552 OF 2025


1.           This is an application for condonation of delay of 60

caused in filing criminal revision application.


2.           Heard learned Advocate for the applicant and learned

Advocate for the respondent.


3.           Since the 50% amount of arrears of maintenance as per

the order of this Court dated 08/04/2025 is deposited by the applicant

in the Family Court, Latur, and for the reasons stated in the

application, this criminal application is allowed. Delay is condoned.

This criminal application is disposed of.
                                                            552.25appln
                                  (2)

4.          Criminal Revision Application be registered.


 CRIMINAL REVISION APPLICATION (ST.) NO.1462 OF 2025

5.          Heard learned Advocates for the respective sides.

6.          Issue notice to the respondents, returnable on 02/09/2026.

7.          Although this Court, vide its order dated 08/04/2025,

stayed the execution of the impugned judgment and order dated

03/09/2024 on the condition of depositing 50% of the amount of

maintenance, which the applicant has already deposited, the

respondent/wife cannot be denied the right to get the maintenance in

order to maintain herself. Learned Advocate Mr Deshmukh for the

respondent submits that the respondent/wife is jobless and totally

depending on the maintenance paid by the applicant/husband.

8.          In that view of the matter, the applicant/husband is hereby

directed to pay Rs.4,000/- p.m. to the respondent/wife during the

pendency of this revision application.

9.          The respondent/wife is hereby permitted to withdraw the

amount that was deposited pursuant to the earlier order, as well as the

amount being deposited under this order.



                                    [SUSHIL M. GHODESWAR, J.]
sjk

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