LALFAKAWMA SAILO Vs. MARY NIANGKHANNEM

JUDGEMENT

(1.) Heard Mr. Ajoy Pebam, learned counsel for the applicant/petitioner and Mr. S. Chitaranjan, learned counsel along with Mr. A. Priyokumar Sharma, learned counsel for the respondents.

(2.) The present application has been filed by the applicant/petitioner under Sec. 5 of the Limitation Act, 1908 read with Sec. 151 of the CPC, 1908 praying for condoning the delay of 940 days in filing the Cril. Revision Petition.

(3.) The applicant/petitioner married respondent No. 1 on 2/12/2004 and they had 2 (two) daughters, who are respondent Nos. 2 and 3 respectively. Due to family dispute, respondent No. 1 approached Ld. Judicial Magistrate First Class, Aizawl, Mizoram by way of Criminal Complaint No. 186 of 2012 praying for payment of maintenance and vide order dtd. 19/3/2013, the Ld. Judicial Magistrate First Class, Aizawl allowed the Criminal Complaint by directing the petitioner to pay Rs.1,500.00 (Rupees one thousand five hundred) each to his minor daughters i.e. respondent Nos. 2 and 3 and to respondent No. 1 (altogether Rs.4,000.00 as maintenance allowance). Thereafter, the applicant/petitioner filed an application being Application No. 81 of 2015 before the Ld. Senior Civil Judge, Mamit District, Mizoram praying for issuing a Divorce Certificate and vide order dtd. 25/3/2015 the Ld. Senior Civil Judge, Mamit District, Mizoram allowed the Application No. 81 of 2015.