M ARVINDA SWAMY Vs. CHETANA

JUDGEMENT

(1.) The respondent filed Crl. Misc. No. 163/2007 before the Family Court at Davanagere under Section 125 Cr. P.C. seeking maintenance of Rs. 4,000/- p.m. The Court below by the impugned order directed the petitioner/respondent to pay Rs. 2,000/- p.m. as maintenance from the date of the petition i.e. dated 19-9-2007. Aggrieved by the same, the present petition is filed.

(2.) Misc. Cvl. No. 20699/2009 is filed seeking to condone the delay of 283 days in filing this petition. In support thereof, the petitioner has stated that he was suffering from fever and was tired.

(3.) Smt. Saritha Kulkarni, learned counsel appearing for the respondent submitts that the affidavit is false inasmuch as the petitioner is hale and healthy. The reasons stated in the accompanying affidavit cannot be accepted.