RAMKRISHNA JAIRAM DAMDAR Vs. SAVITA RAMKRISHNA DAMDAR

JUDGEMENT

(1.) HEARD Shri Chandurkar, learned Counsel for the applicant and Ms. Udeshi, learned Counsel for the non-applicants.

(2.) THE applicant/husband has impugned the order dated 5-12-2000 passed by the Additional Sessions Judge, Achalpur in Misc. Criminal Application No. 20/2000, which was filed for seeking condonation of delay under section 5 of the Limitation Act, as the applicant/husband preferred a Criminal Revision Application before the Additional Sessions Judge, 19 days beyond the prescribed period of limitation.

(3.) IT is the applicants case that he was married to the non-applicant No. 1 about 10 years back, and that there are two children from the said marriage. The elder daughter resides with the applicant, while the non-applicant No. 2 resides with the mother. The non-applicant No. 1-wife initiated proceedings under section 125 of Criminal Procedure Code for grant of maintenance by filing an application on 16-11-1999, which came to be registered as Misc. Criminal Application No. 168/1999. judgment and order dated 1-8-2000 the learned Judicial Magistrate, First Class at Anjangaon Surji allowed the application for grant of maintenance and ordered the husband to pay Rs. 600/- per month to the wife towards her maintenance and Rs. 300/- per month to the minor daughter from the date of application and also awarded costs of Rs. 500/ -. The applicant/husband therefore, challenged the said order by preferring Criminal Revision Application under section 397 Cri. P. C. before the Additional Sessions Judge, on 29-11-2000, which was beyond the prescribed period of limitation, and therefore, an application for condonation of delay under section 5 of the Limitation Act, was also filed. It is this application which came to be rejected by the impugned order, which reads as under :