GAJENDRABHAI BALABHAI TADVI Vs. JYOTSNABEN

JUDGEMENT

(1.) CRIMINAL Misc. Application no. 41 of 2004 was preferred by the present respondent claiming maintenance under Section 125 of the Criminal Procedure Code and the same came to be partly allowed by the learned Judicial Magistrate, First Class at Rajpipla by order dated 11-5-2007 granting maintenance to the tune of Rs. 750/-p. m. to the respondent no. 1 and Rs. 500/-p. m. to the respondet nos. 2 and 3 respectively being the minor children from the date of the application.

(2.) BEING aggrieved by the said order of the learned Magistrate, the present applicant has preferred Revision and as there was delay in filing the Revision an application being Criminal Misc. Application no. 84 of 2008 under Section 5 of the Limitation Act for condonation of delay was preferred and the same came to be rejected by the learned Additional Sessions Judge at Rajpipla on 4-12-2008. It is against this order of the learned Additional Sessions Judge that the present applicant has preferred this Revision.

(3.) HEARD learned Counsel Mr. Maulin G. Pandya for the applicant, Mr. A. R. Kapadia for the respondent nos. 1 to 3 and Mr. K. V. Pandya, learned A. P. P. for the respondent no. 4.