Sayyad Lubna W/O. Javed and Others Vs Sayyad Javed S/O. Sayyad Khayum — Bombay HC (2025) — LawSathi Research

Sayyad Lubna W/O. Javed and Others Vs Sayyad Javed S/O. Sayyad Khayum — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 07.02.2020 of the Family Court, Latur in Petition E-25/2018 quashed and set aside to the extent of denial of maintenance to applicant no.1/wife; applicant wife permitted to file a fresh application for maintenance in Petition E-25/2018 or an independent maintenance proceeding before the Family Court, Latur, to be decided on its own merits expeditiously. CRA No. 68 of 2020 dismissed as withdrawn; Criminal Application No. 872 of 2020 disposed of; CRA No. 67 of 2020 disposed of with no order as to costs.

Issue for consideration

Whether the order dated 07.02.2020 of the Family Court, Latur in Petition E-25/2018 denying maintenance to applicant no.1/wife should be quashed and the wife permitted to pursue a fresh application for maintenance.

Court's answer

The impugned order dated 07.02.2020 passed by the Family Court, Latur in Petition E-25/2018 is quashed and set aside to the extent of its denial of maintenance to applicant no.1/wife.

Ratio / Principle

Criminal Revision Application No. 68 of 2020 is dismissed as withdrawn on the learned counsel's instructions; Criminal Application No. 872 of 2020 in REVN/68/2020 is disposed of accordingly.

Key takeaways

The applicant wife is permitted to file a fresh application for maintenance in Petition E-25/2018 or an independent proceeding for maintenance before the Family Court, Latur, which can be decided on its own merits expeditiously.ratio¶14
Criminal Revision Application No. 67 of 2020 is disposed of, with no order as to costs.ratio¶15

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Y.G. KHOBRAGADE, J.), 12.12.2025 (2025:BHC-AUG:35345) - Sayyad Lubna w/o. Javed and others v. Sayyad Javed s/o. Sayyad Khayum, Criminal Revision Applications Nos. 67 and 68 of 2020 with Criminal Application No. 872 of 2020: CRA No. 68 of 2020 dismissed as withdrawn on the applicant's instructions and Criminal Application No. 872 of 2020 disposed of. In CRA No. 67 of 2020, the impugned order dated 07.02.2020 of the Family Court, Latur in Petition E-25/2018 was quashed and set aside to the extent of its denial of maintenance to applicant no.1/wife; the wife was permitted to file a fresh application for maintenance in Petition E-25/2018 or an independent maintenance proceeding before the Family Court, Latur, to be decided on its own merits expeditiously. Background: after the said order the husband filed Proceeding No. A-80/2018 for restitution of conjugal rights before the Family Court, Aurangabad, which passed an ex-parte decree on 23.08.2018; the wife's Family Court Appeal No.70/2022 succeeded - the Division Bench quashed the decree on 12.03.2025 and remanded for fresh hearing; Petition A-80/2018 remains pending. CRA No. 67 of 2020 disposed of; no order as to costs.

2025:BHC-AUG:35345

( 1 ) 919 cra 67.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

919 CRIMINAL REVISION APPLICATION NO. 67 OF 2020 WITH CRIMINAL REVISION APPLICATION NO. 68 OF 2020

WITH CRIMINAL APPLICATION NO. 872 OF 2020 IN REVN/68/2020

SAYYAD LUBNA W/O. JAVED AND OTHERS VERSUS SAYYAD JAVED S/O. SAYYAD KHAYUM

Advocate for Applicant : Mr. R.C. Bora h/f. Jadhav Hanumant P. Advocate for Respondents : Mr. Bolkar Yogesh B.

CORAM : Y.G. KHOBRAGADE, J. DATE : 12.12.2025

P.C.:-

On instructions, the learned counsel appearing for the revision applicant seeks leave to withdraw the revision application. Accordingly, the revision application no.68/2020 is dismissed as withdrawn. Accordingly, criminal application no. 872/2020 is also disposed of.

In so far as Cri. Rev. Appln. No. 67 of 2020 is concerned, both the learned counsels appearing for the respective parties jointly submits that, after the judgment and order dated 07.02.2020 passed by the learned Family Court, Latur in Petition E-25/2018, the non-applicant/husband filed proceeding bearing no.A-80/2018 and prayed for decree of restitution of conjugal rights before the Family Court, Aurangabad.

On 23.08.2018, the Family Court, Aurangabad passed ex-parte judgment and decree of restitution of conjugal rights. Being aggrieved by said judgment and decree, the applicant/wife filed Family Court Appeal No.70/2022 before this Court. On 12.03.2025, the Division Bench of this Court passed an order and quashed and set aside the judgment and order dated 23.08.2018 passed by the Family Court, Aurangabad and remanded the matter for fresh hearing.

As on today, the Petition A-80/2018 for restitution of conjugal rights is pending before the Family Court, Aurangabad and prayer of the present applicant/wife for maintenance can also be considered by the Family Court, if the applicant files a fresh application for maintenance.

In view of above, impugned order dated 07.02.2020 passed by the Family Court, Latur in Petition E-25/2018 to the extent of denial of maintenance to the applicant no.1/wife is hereby quashed and set aside. The applicant wife is hereby permitted to file a fresh application for maintenance in Petition E-25/2018 or independent proceeding for maintenance before the Family Court, Latur, which can be decided on its own merits expeditious.

Accordingly, criminal revision application no.67/20220 is hereby disposed of. No order as to costs.

[Y.G. KHOBRAGADE, J.]

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