SHOBHANATH Vs. SUKHMANIYA

JUDGEMENT

(1.) Invoking revisional jurisdiction of this Court under Section 397/401 of the Code of Criminal Procedure (for short 'the Cr.P.C'), sole applicant- Shobhnath has filed this revision calling in question the legality, validity and correctness of the order dated 11.04.2007, passed by Family Court, Ambikapur, Distt Surguja in Misc. Case No.96/06 rejecting the his application filed under proviso to Section 126(2)of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) The core facts required for adjudication of this revision are as under:

(3.) The Family Court, by its impugned order rejected the application filed for setting aside ex 'parte order of maintenance stating that though the summons of the proceedings under Section 125 Cr.P.C. was duly not served to the applicant but the applicant has not shown sufficient cause for delay in filing the application u/S 126 (2) Cr.P.C. and thereby rejected the application under Section 5 of the Limitation Act and consequently the application under proviso to Section 126 (2) Cr.P.C. was also rejected. Against this, the instant revision has been filed by the applicant.