Allowed

Sushma Gurav v. State of Maharashtra

Bombay HC8 May 2024IA/480/2024

Case brief

AI extract

What is this about?

Wife sought condonation of a 218-day delay in filing a criminal revision application against reduction of her maintenance from Rs.5,000 to Rs.3,000, pleading financial constraints. The court found the meager maintenance and difficulty in arranging funds sufficient explanation and condoned the delay.

What did the court decide?

Delay of 218 days in filing the revision application was condoned.

Sushma Gurav Vs State of Maharashtra — Maintenance and Alimony | Bombay HC (2024)

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56-IA-480-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.480 OF 2024 IN

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REVISION APPLICATION NO.1247 OF 2024

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Sushma Gurav ...Petitioner

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Versus

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State Of Maharashtra Anr.

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...Respondents.

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Adv. Misbaah Solkar i/b Amin Solkar for the Applicant. Adv. Pallavi A. Karanjkar i/b Sandeep Koregave for Respondent No. 2. Adv. M. R. Tidke, APP for the Respondent State.

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——————

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Coram : Sharmila U. Deshmukh, J. Date : May 8, 2024.

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P. C. :

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1. Interim Application has been preferred seeking condonation of delay of 218 days caused in fling the Criminal Revision Application.

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2. Learned counsel for the Applicant submits that the maintenance of Rs. 5,000/- which was granted initially was thereafter reduced upon remand to a sum of Rs. 3,000/-. She would further submit that the delay has occurred as she was unable to maintain herself and due to fnancial constraints she could not challenge the order within time.

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3. Learned counsel for the Respondent husband opposes the

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1 of 2

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Harish

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56-IA-480-2024.doc

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Application and submits that there is no sufcient explanation given for condoning the delay of 218 days. She would deny that there was any stress full period of marriage and contend that the Petitioner wife had misbehaved in the matrimonial house and harassed the family members.

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4. Considering the facts of the present case where there has been a reduction in the maintenance, the difculty of arranging for the funds for the purpose of fling the present Application cannot be easily brushed aside. It is specifcally pleaded in the Application that as soon as the Applicant got the necessary documents and was able to arrange funds for preferring the Revision Application the Revision Application has been fled. Considering that meager amount of maintenance has been granted which is insufcient for sustenance. In the interest of justice, the delay even if it is of 218 days is condoned.

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5. In light of the above, the delay is condoned. Interim Application is allowed.

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[Sharmila U. Deshmukh, J.]

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2 of 2

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Harish

Sushma Gurav v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sushma Gurav v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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