ARUNA CHOUDHARY Vs. SUDHAKAR CHOUDHARY

JUDGEMENT

(1.) THIS order shall govern disposal of all those Misc. Appeals the details of which have been given in Annexure-A attached herewith, as common questions of law and facts were involved in the same, thus they were heard analogously.

(2.) SOME of the Appeals have become time barred, mainly due to the fact that on account of perplexity, it was not known to the aggrieved parties, as to what would be the proper remedy available to them in the facts and features of the case. Since the parties had genuine difficulty in coming to a definite conclusion about the remedy available to the aggrieved parties, hence delay has been caused. Thus, delay caused deserves to be condoned. Hence all the M.C.Ps. filed in this regard, seeking condonation of delay are allowed. Delay stands condoned. All Misc. Appeals be treated to have been filed within the period of limitation, M.C.Ps. stand closed.

(3.) THE appellant herein, claiming to be wife of the respondent, filed an application under section 125 of the Code of Criminal Procedure (hereinafter, for brevity shall be referred to as the 'Code') before the Family Court. After consideration of the application on merits, the Family Court, established under the provisions of the Family Courts Act, 1984 (hereinafter for brevity shall be referred to as the 'Act'), rejected the same. Feeling aggrieved by rejection of the application, the appellant initially filed a Civil Revision in the High Court of M.P. Indore Bench, registered as Civil Revision No. 828 of 2003. The same came up for admission before learned Single Judge, whereby, vide order dated 20-3-2003, it has been held as under: