The High Court allowed the petition for condonation of delay in filing a criminal revision challenging a Family Court maintenance order. The petitioner was directed to pay the outstanding maintenance balance at the time of admission.
Delay in filing criminal revision condoned; petition ordered for admission subject to payment of balance dues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.M.P.No.10748 of 2024 in Crl.R.C.SR.No.34564 of 2024
Crl.M.P.No.10748 of 2024 in Crl.R.C.SR.No.34564 of 2024
M.NIRMAL KUMAR , J.
This petition is filed to condone the delay of 173 days in filing the above Criminal Revision.
2.The petitioner/respondent in M.C.No.453 of 2021 had filed this revision challenging the order passed by the Family Court directing the petitioner to pay a sum of Rs.10,000/- per month to the 1st respondent and another Rs.10,000/- to the 2nd respondent, in total, Rs.20,000/- per month from the date of petition, i.e., 06.10.2021 and directed to pay the future maintenance amount on or before 5th of every succeeding month. Though the order has been passed on 18.07.2023, after getting legal advice now only the petitioner has preferred this revision with delay.
3.The learned counsel for respondents submitted that from the date of petition, i.e., 06.10.2021, the petitioner is liable to pay Rs.7,20,000/-. As on date, he has not paid even a single pie. Hence, strongly opposed referring to the order dated 06.09.2024, wherein the petitioner undertook to deposit 50% of the maintenance amount.
M. NIRMAL KUMAR, J.
rsi
1/2
Crl.M.P.No.10748 of 2024 in Crl.R.C.SR.No.34564 of 2024
the time of admission without fail.
29.10.2024
rsi
Note: Registry is directed to number the Criminal Revision, if it is otherwise in order and post the same for Admission.
Crl.M.P.No.10748 of 2024 in Crl.R.C.SR.No.34564 of 2024
2/2
3 issues framed by the court
Whether the delay in preferring the criminal revision warrant condonation given the undertaking to deposit maintenance amounts.
Whether the undertaking submitted by the petitioner to pay the pending maintenance balance is sufficient to condone the delay.
Whether the criminal revision petition is ordered for admission after condoning the delay.
Petitioner/Respondent in M.C.No.453 of 2021
1st Respondent
2nd Respondent
M. NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
