SANGEETA MADHELEY AND ORS Vs. SANTOSH KUMAR MADHELEY

JUDGEMENT

(1.) This application is under Section 5 of Limitation Act, seeking condonation of delay of 925 days in filing the appeal. Applicant-Sangeeta Madheley is wife of respondent-Santosh Kumar Madheley. She along with minors, Master Jayant Kumar and Master Karan Kumar have come to this Court for enhancement of maintenance granted to them by the Family Court under Section 125 Cr.P.C. in favour of petitioner No.1.

(2.) Applicant-petitioner No.1 claims herself to be a poor lady without any source of income to meet day to day expenses. She has responsibility of two minor children aged 11 and 8 years. Trial Court granted only an amount of Rs.3,000/- per month as maintenance. This meagre amount is totally insufficient for day to day expenses for growing minor kids and for herself. Applicant also pleaded that in FAO No.2219 of 2013, High Court directed the respondent to pay Rs.25,000/- as litigation expenses to the petitioners and now after getting encashment of said demand draft, deponent has acquired resources to challenge the order and in this process, delay of 295 days has occurred which is neither intentional nor deliberate and is liable to be condoned.

(3.) Accordingly, application is allowed. Delay in filing the revision petition is hereby condoned. Prayer is for enhancement of maintenance amount on the ground that petitioner was married with respondent on 21.11.1999. Two sons namely Jayant Kumar and Karan Kumar took birth from this wedlock who are now aged about 11 years and 8 years respectively. Both the children are in custody of petitioner-wife. Matrimonial discord took place between the couple and according to petitioner-wife, she was ultimately turned out of the matrimonial house on 25.07.2002, when she was having 9 months pregnancy. Petitioner filed application for maintenance under Section 125 Cr.P.C. claiming that respondent is a salaried person having salary of Rs.16,000/- per month and various fixed deposits in the bank along with moveable and immoveable properties.