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2024 DAILYLAW 2284 (BOM)

SWAPNIL SIDDHARTH KATKAR v. SAU KRANTI SWAPNIL KATKAR AND ANOTHER

APPLN/4996/2024 · 2026-08-28

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Judgment text

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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