1 33-revn-167-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL REVISION NO. 167 OF 2026 Mahesh S/o Hemraj Dhawankar Versus Sheetal W/o Mahesh Dhawankar Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.A.Biranware, Advocate for the applicant. Shri C.U.Deopujari, Advocate for the non-applicant. CORAM : MEHROZ K. PATHAN, J. DATED : 22nd SEPTEMBER, 2026. 1. The present revision application is filed challenging the order dated 11.02.2026 passed by the learned District Judge-21 and Additional Sessions Judge, Nagpur in Criminal Appeal No. 124 of 2024, thereby confirming the order dated 17.01.2023 passed by the 17th Joint Civil Judge Senior Division and Additional Chief Judicial Magistrate Special Court for D.V.Act, Nagpur in Cri.M.A. No. 832 of 2020. 2. Shri Biranware, learned counsel for the applicant submits that applicant had gone unrepresented and the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for SKNair 2 33-revn-167-26.odt short hereinafter referred to as “D.V. Act”) was decided ex parte as could be observed from the paragraph 6 of the judgment dated 17.01.2023. Learned counsel for the applicant submits that applicant was not given ample opportunity to represent himself and in absence of the same, the application under Section 12 of D.V.Act came to be deiced by the learned trial Court, thereby granting maintenance at the rate of Rs.10,000/- per month and compensation of Rs.50,000/-. Learned counsel for the applicant submits that applicant has evidence on record to show that the non-applicant/wife is living in adultery and as such he is not entitled for the maintenance. Learned trial Court as well as learned First Appellate court have failed to take the same into consideration and thereby granted exorbitant maintenance of Rs.10,000/- per month to the wife and in addition Rs.50,000/- as compensation is also awarded without taking into consideration the income, assets and liabilities of the applicant. 3. Shri Biranware, learned counsel further submits that applicant has shown his bonafide by depositing of Rs.1,00,000/- before this Court and Rs.60,000/- earlier before the Executing Court. The applicant has further deposited an amount of Rs.5,000/- before the SKNair 3 33-revn-167-26.odt Executing Court on 17.09.2026. The same therefore shows the bonafides on the part of the applicant. Thus, the applicant may be granted an opportunity to represent himself and lead the evidence to that effect before the learned trial Court. 4. As against this, Shri Deopujari, learned counsel for the non- applicant strongly opposes the revision application on the ground that even though judgment dated 17.01.2023 records that the applicant has gone unrepresented, the applicant has deliberately chosen not to appear before the trial Court and avoided the service. The record indicates that the applicant has remained present for mediation proceedings and the applicant has appeared before the trial Court till 05.01.2022. The record also shows that there was settlement between the parties through the mediation proceedings on 05.01.2022. Thus, record shows that the applicant is aware of the proceeding before the trial Court and has deliberately chosen to remain absent only with an intention to deny the benefits of maintenance to the non-applicant/wife. The learned trial Court as well as learned First Appellate Court has taken into consideration the aforesaid aspect and has rightly rejected the appeal filed by the applicant/husband. Shri Deopujari, learned counsel for the SKNair 4 33-revn-167-26.odt non-applicant therefore submits that present revision does not call for any interference in a well reasoned judgment passed by the Appellate Court. The revision is, therefore, devoid of any substance and, as such, is liable to be dismissed. 5. I have gone through the order dated 11.02.2026 passed by the learned District Judge-21 and Additional Sessions Judge, Nagpur dismissing the Criminal Appeal No.124/2024. I have also gone through the order dated 17.01.2023 passed by the learned 17th Joint Civil Judge Senior Division and Additional Chief Judicial Magistrate, Nagpur in Criminal M.A. No.832/2020. 6. Perusal of the order passed on the application under Section 12 of the D.V. Act though shows that the applicant/husband failed to appear in the matter in spite of service of notice of the proceeding, it is seen from the record that the applicant has explained his absence owing the same to the illness of his parents and that there was no one to take care of his parents and filed medical appears on record to justify his absence in the Trial Court proceeding. The learned Appellate Court has taken note of the fact that the applicant has appeared in the proceeding before the Trial Magistrate on 23.11.2021 and the document SKNair 5 33-revn-167-26.odt No.3 filed on record of the Trial Court dated 05.01.2022 vide Exh.3 also reveals that the settlement between the parties through mediation proceeding was filed. Thus, the plea taken by the applicant that the applicant was not present to defend his case and justify his defence, appears to be baseless and without any proof. The applicant/husband appeared in the proceeding before the Trial Court till 05.01.2022 and the certificates of Arneja Heart and Multi-Speciality Hospital and Kalpavruksha Healthcare Services Private Limited till August 2022 are considered to be relevant. The appeal was also found to be belatedly filed, wherein the applicant has filed application for condonation of delay. The said application, however, did not reveal any plea about the illness of his parents as a reason for condonation of delay. Thus, the reason submitted by the applicant that the applicant was unable to attend the proceeding and the proceeding has gone ex parte, appears to be without any substance. The applicant had entered his appearance and has also filed a settlement on record, however, later on did not turn up to lead the evidence to substantiate his defence, cannot be now permitted to again reopen his case. The learned Trial Court as well as first Appellate Court have taken into consideration the income, assets and SKNair 6 33-revn-167-26.odt liabilities and found that the respondent/wife is not having any source of income, whereas the applicant is a graduate and is earning his livelihood. 7. Taking into consideration the age of the parties, income of the parties, prices of essential commodities, educational expenses of the children and the mandate of the D.V. Act, grant of maintenance of Rs.10,000/- per month by the learned Magistrate which is upheld by the learned Appellate Court, does not appear to be illegal, which would call for any interference of this Court. The learned Trial Court has also taken into consideration the incidents of commission of domestic violence against the victim i.e. respondent/wife. The learned Appellate Court has also found that the protection order under Section 18 of the D.V. Act passed by the learned Trial Court and the finding that the respondent/wife was subjected to domestic violence by the applicant, do not appear to be erroneous. The impugned order directing the applicant/husband to pay an amount of Rs.10,000/- per month to the respondent/wife including her children towards maintenance from the date of filing of application i.e. 26.02.2026 appears to be just and proper. The judgment of the learned Appellate Court dated 11.02.2026 dismissing the appeal also does not call for any interference of this Court. SKNair 7 33-revn-167-26.odt No case is made out for interference under the revisional jurisdiction of this Court. The Criminal Revision Application is devoid of substance and merit. Hence, I am inclined to pass the following order :- O R D E R (i) The revision stands dismissed. (ii) An amount of Rs.1,00,000/- as deposited by the applicant/husband towards arrears of maintenance is permitted to be withdrawn by the non-applicant/wife. (iii) Criminal application stands disposed of. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 28/09/2026 15:30:53