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2026 DAILYLAW 10851 (BOM)

SYED RIZWAN SYED ABDUL AZIZ v. SUMAIYYA SYED RIZWAN

APPLN/1852/2024 · 2026-09-22

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Judgment text

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*1* 911appln1852o24 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1852 OF 2024 IN REVNST/4967/2024 SYED RIZWAN SYED ABDUL AZIZ VERSUS SUMAIYYA SYED RIZWAN ... None for the Applicant. Shri Tilve Akshay Subhash, Advocate for the Respondent. ... CORAM : SUSHIL M. GHODESWAR, J. DATE : 22 September 2026 P. C. :- 1. Vide order dated 04.09.2026, since nobody had appeared on behalf of the applicant, this Court kept the matter today observing that if none appears on behalf of the applicant on the next date, this Court would presume that the applicant has lost interest in the matter. 2. Today also, none appears for the applicant. 3. Heard Shri Tilve, the learned advocate for the respondent, who has invited attention of this Court to the order dated 01.08.2024 by which, this Court had stayed the impugned order dated 24.01.2023 passed by the learned Judge, Family 2026:BHC-AUG:42961 *2* 911appln1852o24 Court, Aurangabad, in Petition No.E-53/2020 subject to deposit of arrears of Rs.2.40 lacs and further to continue to pay maintenance of Rs.3000/- per month to the respondent. It is pointed out that the applicant has though deposited arrears of Rs.2.40 lacs, however, he has committed default in paying regular maintenance of Rs.3000/- per month. As such, the outstanding amount on account of this default comes to Rs.1,23,000/-. In view of the conduct of the applicant, the learned advocate for the respondent prays that the stay order be vacated and the instant Revision Application itself be dismissed. 4. In view of the above and considering the fact that after obtaining relief from this Court, the applicant has been continuously absent despite giving opportunities and has also committed default in payment of maintenance, the Criminal Application as well as the Criminal Revision Application are dismissed for want of prosecution. The stay order dated 01.08.2024 is also vacated. kps ( SUSHIL M. GHODESWAR, J. )