Premlal Panika vs Smt. Prema Bai
2023 Latest Caselaw 19074 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1961 of 2020 (PREMLAL PANIKA Vs SMT. PREMA BAI)

Dated : 09-11-2023 Shri Surendra Patel - Advocate for the applicant.

None for the non-applicant.

Heard on I.A. No.9939 of 2020 application under Section 5 of the Limitation Act.

This Criminal Revision is filed against the order dated 25.08.2018 passed

by Principle Judge, Family Court Anuppur, District Anuppur in Criminal Misc. Criminal Case No.104 of 2017 under Section 127 of Cr.P.C. by which the maintenance amount has been enhanced from Rs.500/- to Rs.3500/-.

Aggrieved by that order, the present applicant filed this Criminal Revision. This revision has been filed after one year nine months later. The interim order was passed on 25.08.2018. Learned counsel for the applicant stated that the applicant was having no knowledge of proceeding. He came to know that the impugned order has been passed by the Family Court, hence to deduct the maintenance amount from his salary was directed by the Court and

copy of this order was sent for execution to his office.

Learned counsel for the applicant has relied upon the judgment of this Court in W.P. No.9241 of 2023 dated 27.04.2023 by which has been laid down that Rule of the Limitation is based on public policy and not to destroy the right of the parties.

In this case, the maintenance amount is only Rs.3,500/- per month, the delay in filing this revision is one year and nine months.

Looking to the facts and circumstances of this case, it is not proper to Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 11/9/2023 7:21:02 PM

allow the application under Section 5 of the Limitation Act.

Accordingly I.A. No.9939 of 2020 is dismissed. As a result, this revision is rejected as a time barred. With the copy of this order, the record of the Family Court be sent back.

(DEVNARAYAN MISHRA) JUDGE

HK

Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 11/9/2023 7:21:02 PM