Ladda 1 appr-278-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 278 of 2010 (For condonation of delay) IN CRIMINAL REVISION APPLICATION Stamp No. 427 of 2010 with CRIMINAL APPLICATION REVISION No. No. 297 of 2010. Sou Vidya Santosh @ Kondiram Shinde and Anr ...Applicants. Versus Shri Santosh @ Kondiram Bhimrao Shinde and others ...Respondents. ...... Mr Abhijeet Kandarkar, Advocate for the Applicants for Applicants in Cri.Appln.No. 278 of 2010. Mr Vikas Mali, Advocate for Respondent No.1/Applicant in Criminal Application No. 278 of 2010. Mrs P. P. Bhosale, A.P.P. for the State. CORAM: A.R.JOSHI, J. DATED:- 26th April, 2011. P.C. 1. Heard rival submissions for some time. It is the delay condonation application preferred by the original complainant-wife for condoning delay of 56 days caused in preferring the criminal revision application before this Bench challenging the order dated 17th March, 2010 passed Ladda 2 appr-278-10.doc in criminal Appeal No. 7 of 2010. 2. In order to appreciate the ground as to no financial assistance to prefer the revision before this Bench, certain factual position as to the litigation between the parties is required to be narrated, in short :- 3. Initially, the present applicant along with her son preferred the application for interim maintenance under the the Protection of Women from Domestic Violence Act, 2005. Said application was allowed by J.M.F.C. Tasgaon, District Sangli, vide order dated 5th October, 2009. Said Criminal Misc. Application No. 69 of 2009 was partly allowed and then the opponent-husband was directed to pay monthly maintenance of Rs.3,500/- to the wife, Rs.1,500/- for the son and Rs.1500/- towards monthly rent. Apart from such maintenance and rent, an amount of Rs. 1,00,000/- was awarded as compensation to the wife. Cost of said litigation quantified at Rs.1,000/- was awarded to be paid by the husband. In addition to the above directions, it was directed that seven Tolas of gold ornaments were to be given by the husband to the wife and appropriate receipt to be obtained. Said order dated 5th October, 2009 passed by the J.M.F.C. Tasgaon was challenged before the Sessions Court at Sangli, vide Criminal Appeal No. 7 of 2010. 4. By said impugned order which is dated 17th March, 2010 earlier order of J.M.F.C. Tasgaon was modified to the following extent. Ladda 3 appr-278-10.doc Husband was directed to pay to the wife, monthly maintenance of Rs. 3,000/-, Rs.1,500/- to the son and cost of the litigation as Rs.1000/-. So also, the order of giving 7 Tolas gold ornaments to the wife was maintained. However, the order as to payment of rent, compensation of Rs.1 lakh were reversed and stood rejected. 5. The order of the Sessions Court, Sangli dated 17th March, 2010 is challenged by the wife and also by the husband as both were aggrieved by the said order. 6. Husband has challenged the said order by filing Criminal Revision Application No.297 of 2010. Whereas the wife has challenged the said order by filing the Criminal Revision Application which is on Stamp No. 427 of 2010 and present application, under consideration, for condonation of delay was filed. 7. Considering the grounds mentioned in paragraph No.3 of the application, under consideration as to non-payment of any maintenance amount and financial constraints suffered by the petitioner-wife, the delay caused in preferring the criminal revision is required to be condoned. Hence, present application No.278 of 2010 is allowed. Delay of 56 days is condoned. Criminal Revision Application which is on stamp No. 427 of 2010 shall be numbered. The said matter shall be taken along with Criminal Revision Application No.297 of 2010. Ladda 4 appr-278-10.doc Criminal Application No. 278 of 2010 is disposed of accordingly. 8. In the Criminal Revision Application No. 297 of 2010, admittedly, there was order by the earlier Bench, dated 9th February, 2011 directing the husband to deposit a sum of Rs.70,000/- towards maintenance arrears within a period of two weeks. Thereafter, the matter was adjourned. However, without any depositing of amount. Before this Bench matter was taken on 5th April, 2011, when time was sought on behalf of the husband asking for better particulars from the husband as to when such amount can be deposited. Till today said directions of the earlier Bench dated 9th February, 2011 are not complied. 9. Time is asked on behalf of the husband – petitioner in Criminal Application No.297 of 2010. Considering the circumstances, matter to stand over for one week (H.O.B.) with direction for strict compliance of earlier directions depositing Rs.70,000/- by next date failing which appropriate order shall be passed. (A.R.JOSHI, J.)