Bombay High Court

MOHAMMAD ZEESHAN MOMIN MOHAMMAD MOINUDDIN MOMINversusISHAL FATEMA MOHAMMAD ZEESHAN ANSARI U/G FIRDAUS ANJUM MOHAMMAD ZEESHAN AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court condoned the delay and allowed the criminal revision application.

Summary

The applicant filed a criminal revision challenging a Family Court order dated 13‑12‑2024, but did so after a delay of 326 days. The court examined whether such a delay could be condoned. Relying on procedural principles, the court found no substantive impediment to condoning the delay. Consequently, the criminal application was allowed and the revision was ordered to be registered. Notice was to be issued to the respondents on 01‑10‑2026, but the respondents’ counsel waived service of the notice.

Issues considered

Whether a delay of 326 days in filing a criminal revision can be condoned
Whether the criminal revision application should be entertained despite the delay

Subjects

delay condonation
criminal revision
family court order
procedural law
notice waiver

Judgment

                                 *1*                      910appln907o26


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

           CRIMINAL APPLICATION NO. 907 OF 2026
                   IN REVNST/2348/2026
       MOHAMMAD ZEESHAN MOMIN MOHAMMAD
                     MOINUDDIN MOMIN
                          VERSUS
   ISHAL FATEMA MOHAMMAD ZEESHAN ANSARI U/G
      FIRDAUS ANJUM MOHAMMAD ZEESHAN AND
                         ANOTHER
                              ...
Shri Baig Mirza Mazhar Javed, Advocate for the Applicant.
Shri Shaikh Adnan, advocate h/f Shri Patel Fayaz K., Advocate
for the Respondents.
                              ...


                    CORAM : SUSHIL M. GHODESWAR, J.

                    DATE : 03 September 2026


P. C. :-

1.            There is delay of 326 in filing the instant revision

wherein, the order passed by the learned Family Court,

Aurangabad, in Petition No.E-39/2024 dated 13.12.2024 is

challenged.


2.            For the reasons explained in the application, delay is

condoned. The Criminal Application is allowed. Criminal

Revision Application be registered.
                                     *2*                      910appln907o26


      3.          In Criminal Revision Application, issue notice to the

      respondents returnable on 01.10.2026. The learned advocate Shri

      Shaikh waives service of notice on behalf of the respondents.




kps                            ( SUSHIL M. GHODESWAR, J. )

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