1 39-revn-68-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL REVISION NO. 68 OF 2026 Ganesh Krushnarao Bayaskar Versus Kalpana Ganesh Bayaskar Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.R.Sayare, Advocate for the applicant. Shri Paresh Thakur, Advocate for the non-applicant. CORAM : MEHROZ K. PATHAN, J. DATED : 17th AUGUST, 2026. The applicant has approached this Court challenging the order dated 03.12.2025 passed by the learned Principal Judge, Family Court, Amravati in Criminal Misc. Application No. 6 of 2020 whereby the learned trial Court has allowed the application for enhancement of the maintenance to the non-applicant wife from Rs. 2,500/- to Rs. 7,000/- 2. The learned counsel for the applicant Shri Sayare, submits that the impugned order passed by the First Family Court exparte against the applicant/husband enhanced the amount in SKNair 2026:BHC-NAG:11031 2 39-revn-68-26.odt exercise of power under Section 127 of the Code of Criminal Procedure, as the lawyer who was engaged to represent the applicant/husband was suffering from throat infection and thereafter had met with a road accident. The application for adjournments on behalf of the counsel appearing for the applicant/husband was already thereon record. However, learned Family Court without considering the application of adjournment filed by the counsel for the applicant, has gone ahead for enhancing the amount from Rs.2,500/- to Rs. 7000/-. Enhancement is without due consideration of the gross salary received by the applicant. Applicant is having statutory deductions which if applied then applicant is left only with an amount of Rs.20,000/- in hand. Non-applicant/wife is also qualified to work. She is having enough sources of income for her. However, these considerations were not brought to the notice of the learned Family Court, as the learned Family Court did not grant any opportunity to the applicant/husband for putting up his defence. The learned counsel for the applicant therefore prays for one opportunity for putting up his defence in the enhancement application filed by the non-applicant/wife. The applicant is SKNair 3 39-revn-68-26.odt regularly depositing the amount of Rs.2500/- per month as awarded by the learned trial Court earlier. Applicant is further ready to show his bonafide by depositing an amount of Rs.25000/- towards the enhanced amount. However, the same may be quashed and set aside with a further direction to the Family Court to decide the application for enhancement afresh by hearing the applicant/husband. 3. The learned counsel for the non-applicant-wife strongly opposes the present revision application on the ground that the applicant was granted sufficient opportunity of hearing to represent himself. There are rojanama entries taken on record which shows that the counsel for the applicant had sought adjournment on one or other grounds. On one occasion, counsel for the applicant was suffering from throat infection. However, after two months he again filed an application that he met with an accident. Taking into consideration that the application for enhancement of maintenance amount was long pending and that the applicant/husband was avoiding to appear before the learned trial Court depsite of filing of the written statement, the learned Family Court has no other option but to decide the application for enhancement. The impugned order SKNair 4 39-revn-68-26.odt is just and proper and is passed after taking into consideration the salary received by the applicant and the statutory deductions. The same therefore does not call for any interference. Application is devoid of merit and is thus liable to be rejected. 4. I have gone through the order dated 03.12.2025 passed by the Principal Judge, Family Court, Amravati. Perusal of the order shows that though ample opportunity was given to applicant/ husband however, he failed to lead his evidence despite of filing of written statement. The record shows that the order came to be passed considering the fact that the salary of the non-applicant husband is increased to Rs.32,500/- from Rs. 17,456/- which the applicant/husband was getting earlier. The learned trial Court has also considered that the non-applicant owns agricultural land at Gopalkhed, Tq and Dist. Akola and earning agricultural income. However, the fact remains that though the written statement was filed by the applicant/husband, however, the applicant did not lead any evidence to substantiate his defence. Rojnama also shows that the applications for adjournment were filed by the counsel for the applicant and the said applications are rejected by the trial Court on SKNair 5 39-revn-68-26.odt 11..09.2025 and 03.12.2025. Be that as it may, since the applicant/husband has shown his bonafide and agreed to deposit of Rs.25,000/- before this Court towards enhancement amount of maintenance granted by the learned trial Court within a period of two weeks and has also undertaken to regularly appear before the Family Court on each and every date, I am inclined to exercise the discretion under Section 397 of the Code of Criminal Procedure and to pass the following order. ORDER i. The impugned order dated 03.12.2025 passed by the learned Principal Judge, Family Court, Amravati in Criminal Misc. Application No. 6 of 2020 is hereby quashed and set aside only on the condition that the applicant shall deposit Rs.25,000/- within two weeks before this Court or in the account of the non-applicant/wife, as voluntarily undertaken by the applicant. ii. Failure on the part of the applicant to deposit the amount of Rs. 25,000/- within a period of two weeks as undertaken and the amount of Rs2,500/- maintenance regularly shall result into the cancellation of the present order. SKNair 6 39-revn-68-26.odt iii. Upon deposit of such amount of Rs.25,000/- within a period of two weeks, the matter is remanded back to the learned trial Court for fresh hearing on the application for enhancement of maintenance. iv. Parties undertake to appear before the learned Principal Judge of the Family Court, Amravati on 07.09.2026. v. The learned Principal Judge of the Family Court, Amravati shall decide the aforesaid application after affording an opportunity to the applicant husband for leading evidence if any to substantiate his claim. vi. The learned Principal Judge of the Family Court, Amravati shall make an endevour to decide the said application within two months after the first date of appearance of the parties on 07.09.2026. 5. With the aforesaid directions, the revision application stands disposed of. 6. Put up the matter for compliance on 01.09.2026. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 24/08/2026 19:48:20