BINDU THOMAS Vs. BIJU DOMINIC

JUDGEMENT

(1.) What is the period of limitation for filing a Revision Petition under Sec. 19(4) of the Family Courts Act, 1984, before the High Court? - This is the short but important question that arises for consideration in this unnumbered Revision Petition.

(2.) The 1st petitioner is the legally wedded wife of the 1st respondent. The 2nd petitioner and the 2nd respondent are the children born to the 1st petitioner in wedlock with the 1st respondent. The petitioners and the 2nd respondent filed a maintenance case against the 1st respondent under Sec. 125 of Cr. P.C. as MC No.75/2018 before the Family Court, Pala. The Family Court, after trial, allowed the maintenance case in part and granted monthly maintenance of Rs.3,000.00 to the 2nd respondent and Rs.3,500.00 to the 2nd petitioner from the date of the petition. The claim of the 1st petitioner for maintenance was rejected. Aggrieved by the judgment of the Family Court, the petitioners preferred the revision petition against the 1st respondent before this Court.

(3.) The Registry raised an objection that there was a delay of 174 days in filing the revision petition. The revision petitioners did not file any application to condone the delay. On the other hand, the 1st petitioner filed an affidavit explaining the reason for the delay. The Registry took the view that the limitation period prescribed to prefer revision petition under Sec. 19(4) of the Family Courts Act is 90 days as per Article 131 of the Limitation Act, 1963, and hence, an application to condone the delay supported by an affidavit should be filed. The revision petitioners took the stand that no period of limitation is prescribed for preferring revision under Sec. 19(4) of the Family Courts Act, and hence, no delay condonation application is required. Therefore, the matter was placed before the Bench.