VIJAY KUMAR Vs. PINKI

JUDGEMENT

(1.) This appeal is filed by the appellant assailing the legality of the order dated 9.8.19 passed by the Family Court, Churu in Family Case No.141/18, whereby an application preferred by the respondent under Section 24 of the Hindu Marriage Act, 1955 (for short "the Act of 1955") has been allowed and the appellant has been directed to pay maintenance pendente lite a sum of Rs.7,500/- per month and litigation expenses Rs.500/- for each date of hearing to the respondent.

(2.) The appeal is reported to be barred by limitation for 10 days. It is accompanied by an application under Section 5 of Limitation Act.

(3.) Learned counsel appearing for the appellant submitted that on account of an inadvertent error, assailing the order impugned, he had filed a criminal miscellaneous petition before this court, which was later dismissed as withdrawn vide order dated 12.9.19 with liberty to file miscellaneous appeal and thus, since the appellant under bonafide belief was pursuing a wrong remedy, the delay in filing the appeal deserves to be condoned.