32. CRI. REVN. 144 of 2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL REVISION APPLICATION NO.144/2025 Deepak S/o Gudduji Shaniware ...Versus… Prajakta W/o Deepak Shaniware and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. S.M. Bahirwar, Advocate for applicant Mr. G.C. Khond, Advocate for respondent No.1 CORAM : MEHROZ K. PATHAN, J. DATE : 08/09/2026 1. Heard Mr. Bahirwar, learned Counsel for the applicant and Mr. Khond, learned Counsel for the respondent/wife. 2. Mr. Bahirwar, learned Counsel for the applicant presents Demand Draft of Rs.2,50,000/-, as undertaken by him and recorded in the order dated 24/08/2026. The said demand draft is handed over to Mr. Khond, learned Counsel for the respondent/wife, who acknowledges the receipt of the said demand draft to the tune of Rs.2,50,000/-. 3. The Revision Application challenges the order dated 25/05/2022 granting interim maintenance @ Rs.8,000/- per month to the respondent/wife and child as well as the order dated 22/03/2024 granting final maintenance as Rs.10,000/- to the respondent/wife and child. 4. At the outset, Mr. Bahirwar, learned Counsel for the applicant submits that while passing the impugned order granting final maintenance to the respondent/wife vide order 2026:BHC-NAG:12082 32. CRI. REVN. 144 of 2025.odt 2 dated 22/03/2024, the applicant was not granted any opportunity for leading evidence to substantiate his defence. The applicant/husband has earlier engaged one Advocate, who expired in the year 2019 during Covid and thus he was not aware about his death and could not attend the Court, as there was no updates given to him about the pendency of the said application. The applicant himself was suffering from Covid-19 in the second wave and as such was seriously ill and bedridden from the long time and hence lost the follow-up of the case filed by the respondent/wife for grant of maintenance. In the aforesaid circumstances, the impugned order came to be passed by the learned Family Court, granting final maintenance, thereby recording the findings without any opportunity to the applicant to deny the same. 5. The applicant has already shown his bona fides by depositing an amount of Rs.2,50,000/- towards arrears of maintenance. He may, therefore, be granted an opportunity to further lead his evidence to substantiate the defence taken by him and deny the claim made by the respondent/wife. The learned Counsel further submits that the claim made by the respondent/wife that the applicant/husband was owning a shop, namely, ‘Swamini Saree and Dress Material’ and that he has purchased the property at Madhuvastalaya Co-operative Housing Society, Nagpur for consideration of Rs.9,70,000/- is blatant lies and needs to be denied by leading proper evidence in the Court. The applicant has already shown his bona fides and hence, one opportunity may be granted to the applicant to lead evidence by quashing and setting the impugned order. 32. CRI. REVN. 144 of 2025.odt 3 6. As against this, Mr. Khond, the learned Counsel for the respondent/wife submits that the applicant has deliberately chosen not to remain present in the proceedings. The interim order dated 25/05/2022 specifically records the objection of the applicant on the ground that the respondent/wife is having the franchise of ‘Oriflame Cosmetics’ and is earning from tuition classes. The said written statement filed by the applicant/husband would show that he was very well aware about the proceedings filed by the respondent/wife for grant of maintenance, hence, the plea taken that the applicant was not granted an opportunity is misleading and liable to be rejected. Hence, the application filed by the respondent/wife came to be decided on the basis of the material available as the applicant has deliberately chosen not to remain present despite of service. The impugned order is just and proper and maintenance was granted taking into consideration the income, assets and liabilities of both the applicant/husband as well as respondent/wife. The impugned order is just and proper and liable to be maintained by directing the applicant to comply with the order. 7. Mr. Khond, upon instructions from the respondent/wife, further submits that even though an amount of Rs.2,50,000/- is paid by the applicant/husband to show his bona fides, however, the applicant/husband is still in arrears of more than Rs.4,00,000/- even if the same is calculated @ Rs.8,000/- per month as per the interim maintenance awarded by the Family Court, however, if the same is calculated @ Rs.10,000/- per month, the same goes to approximately Rs.8,50,000/-. Thus, the Revision Application is, therefore, 32. CRI. REVN. 144 of 2025.odt 4 devoid of substance and merit and is liable to be rejected. 8. I have gone through the impugned order dated 22/03/2024, passed by the learned Family Court No.2, Nagpur. I have also gone through the order dated 25/05/2022, passed by the learned Family Court No.2, Nagpur granting interim maintenance. Perusal of the final order of maintenance dated 22/03/2024 shows that it specifically records that the applicant/husband has filed written statement, however, did not give his evidence or the evidence of any witness to falsify the allegations made against him by the respondent/wife. In fact, after filing of written statement, the applicant/husband has chosen to remain absent and failed to conduct cross- examination of the respondent/wife or to set up his defence. 9. The aforesaid observations of the Family Court, therefore, record that the applicant/husband did not cross- examine the respondent/wife and also did not put up his defence or lead any evidence to substantiate his defence. As the applicant has shown his bona fides by depositing amount of Rs.2,50,000/- and has further undertaken to pay interim maintenance, awarded by the learned Family Court @ Rs.8,000/- per month regularly, I am inclined to exercise the discretion and grant one more opportunity to the applicant/husband to lead the evidence to substantiate his defence or to cross-examine the respondent/wife, in the interest of justice. 10. The revisional order passed by the learned Family Court does not show any efforts taken by the Family Court to ensure the presence of present applicant by issuing non- bailable warrant. The impugned order passed without an 32. CRI. REVN. 144 of 2025.odt 5 opportunity to the applicant may result in miscarriage of justice. Thus, I am inclined to pass the following order :- O R D E R (i) The impugned order dated 22/03/2024, passed by the Family Court No.2, Nagpur in Petition No.E- 31/2019 granting maintenance @ Rs.5,000/- each in favour of respondent Nos.1 and 2 (Total Rs.10,000/-) from the date of application dated 18/01/2019 is hereby quashed and set aside. (ii) The matter is remanded back to the learned Family Court, Nagpur for hearing the application for granting maintenance afresh. (iii) The parties are directed to appear before the Family Court, Nagpur on 21/09/2026. The Family Court, Nagpur shall grant an opportunity of hearing and leading evidence to the applicant/husband. The Family Court shall also grant an opportunity to the applicant/husband to cross- examine the respondent/wife on a suitable date. (iv) The aforesaid order is passed subject to the applicant regularly depositing an amount of Rs.8,000/- per month with the Family Court on or before 21st of each month starting from 21/09/2026. (v) Default on the part of the applicant to comply with the orders passed by this Court shall result in cancellation of this order and restoration of order passed by the Family Court, Nagpur dated 22/03/2024. (vi) Parties are directed to file their affidavits of income, assets and liabilities, in pursuance to the judgment of the Hon’ble Supreme Court in the case of Rajnesh Vs. Neha 32. CRI. REVN. 144 of 2025.odt 6 and another, reported in (2021) 2 SCC 324, on 21/09/2026 before the learned Family Court, if not already filed. (vii) Taking into consideration that the application was pending since the year 2019, the learned Family Court, Nagpur is directed to decide the aforesaid maintenance Petition No.E-31/2019 expeditiously and not beyond a period of eight months from today. (viii) Criminal Revision Application is allowed and disposed off in the aforesaid terms. (MEHROZ K. PATHAN, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: Senior Pvt. Secretary Date: 11/09/2026 16:30:24