NATHU RAM Vs. RATNI

JUDGEMENT

(1.) THIS is an application for condoning the delay of 53 days in refiling of the isntant appeal.

(2.) FOR the reasons stated in the application, sufficient ground is made out for condoning the delay. Consequently, C.M. is allowed. The delay of 53 days in refiling the appeal is ordered to be condoned.

(3.) THE respondent-wife filed a petition under Section 125 of the Code of Criminal Procedure seeking maintenance from the appellanthusband. The application was allowed and maintenance @ Rs. 100/- per month to the respondent-wife and Rs. 50/- per month to her minor daughter was granted vide order dated 15.9.1997. However subsequently, vide order dated 5.8.1999, the maintenance stands enhanced to Rs. 500/-. The appellant-defendant failed to make any payment towards maintenance.