MOBARAK ALI Vs. MUSTT NARZINA BEGUM

JUDGEMENT

(1.) Mr. SC Biswas and Mr. N Alam, learned counsel for the applicant. Mr. J Ahmed and Ms. M Ahmed, learned counsel for the Respondent.

(2.) This is an application under Section 5 of the Limitation Act for condonation of delay. Since there is a huge delay of 338 days in filing the appeal, we shall examine whether any "sufficient cause" is made out to condone the same.

(3.) The applicant is husband of non-applicant. The non-applicant has one male child out of her marriage with the applicant. Since the applicant ousted the non-applicant, she was constrained to file an application under Section 125 of the Code of Criminal Procedure for grant of maintenance allowance. And the applicant, despite having received the notice, remained absent. The competent court, therefore, recorded the evidence of non-applicant and vide order dated 21.12.2015, directed the applicant to pay Rs.1500/- per month to non-applicant and Rs.1000/- per month to their child as maintenance allowance. The applicant is, thus, required to pay Rs.2500/- per month as maintenance allowance to non-applicant and their minor son. But, till this date, he has not paid even a single penny to them. Instead, he has filed Matrimonial Appeal against the order dated 21.12.2015. And, as mentioned above, the appeal is barred by a huge delay of 338 days.