IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.

17175 of 2024 In F/CRIMINAL REVISION APPLICATION NO. 32523 of 2024 ==========================================================

MOHAMMAD AHMED VALI AHMED ANSARI Versus SABRINBANU MOHAMMAD AHMED ANSARI D/O AFZAL ANSARI & ORS.

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Appearance:

MR SANDIP M PATEL(5649) for the Applicant(s) No. 1 HCLS COMMITTEE(4998) for the Respondent(s) No. 1,2 MS DIPMALA S DESAI(6596) for the Respondent(s) No. 1,2 MR NIRAJ SHARMA, APP for the Respondent(s) No. 3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 29/09/2025

ORAL ORDER

1. By way of the present application, the Applicant seeks condonation of a delay of 239 days in preferring the captioned revision application.

2. Upon call, none were present for Respondent Nos. 1 and 2. The learned advocate for the Applicant has submitted that there is a delay of 239 days. The grounds agitated in the application do not inspire confidence nor are found to be fully substantial; however, the grounds agitated therein solely rest on paragraph No. 3, which for the sake of brevity is reproduced below:

“3. The applicant states that, the order passed by the Ld. Family Court dated 15.9.2023, came to know that the present applicant on 14.10.2023 and then after, the petitioner had applied for the certified copy of the same impugned order on 14.10.2023 and the certified copy of the orders are prepared on 27.10.2023 and delivered to the present applicant on 30.10.2023 and then after, present applicant had getting the other documents from the advocate of the applicant and that time, the applicant came to know that, due to order passed in application under Domestic Violation Act being No.5539 of 2018, which is awarded with the total Rs.13,000/- per month to the present respondents and also clarified that, the maintenance amount which is awarded in any other court then it would be merged with the maintenance amount awarded in the order. Therefore, present applicant paying the Rs.13,000/- per month as maintenance to the respondents with the help of father's pension and financial help from the close relatives. Therefore, present applicant facing the serious nature of financial crisis due to order passed in Domestic Violation Act and separate appeal against the same order is also filed being Criminal Appeal No.269 of 2022 before the Ld. City and Sessions Court, Ahmedabad.”

4. The Applicant is directed to deposit a cost of Rs. 10,000/- before the Gujarat State Legal Services Authority and 50% of the arrears amount before the Registry, after deducting any amount already paid, if applicable, and to file an affidavit detailing the amount of payment within a period of 15 days from the date of this order. Respondent Nos. 1 and 2 shall be at liberty to withdraw the arrears amount, subject to due verification by the Registry.

5. Having considered the submissions advanced and the grounds stated in the delay condonation application, this Court is of the opinion that the delay of 239 days, though significant, may be condoned subject to compliance with the directions herein. Hence, subject to the production of the deposit receipt and the affidavit as directed above, the delay of 239 days is hereby condoned.

6. The Registry is directed to assign a regular number to the captioned revision application and to list the matter in its regular course (seriatim), subject to the production of the receipt and affidavit as directed hereinabove. The Registry is further directed to disburse the arrears amount to Respondent Nos. 1 and 2 after due verification.

7. Failure to comply with the above directions shall render this order inoperative and shall not preclude the concerned Court from proceeding further with the matter in accordance with law.

Sd/- .

(R. T. VACHHANI, J)

MVP