High CourtsSingle Bench(2024) 05 MP CK 0078

Abdul Jabbar vs Ruksana

Madhya Pradesh High Court · Decided on 8 May 2024

HON’BLE JUDGES
Vijay Kumar Shukla, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 2166 Of 2024

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Judgment

5 paragraphs · 273 words

Vijay Kumar Shukla, J

1.

The present revision is filed under Section 397 r/w Section 401 of Cr.P.C. and under Section 19(4) of the Family Court Act against order dated 23.07.2019 passed by Principal Judge, Family Court, Neemuch in MJC No.76/2017 whereby the application for enhancement for maintenance was allowed filed by respondent and her children.

2.

The revision is against an order of enhancement of maintenance by which the Court has enhanced the maintenance to wife from Rs.1000/- to Rs.3000/- and from Rs.500/- to Rs.2000/- to the children and thus the total amount of Rs.7000/- has been directed to be paid.

3.

The revision is filed with the delay of 1655 days. In the application it is stated that an ex-parte order was passed against him as after filing the same, he did not participate in the proceedings under the impression that since compromise has taken place outside the Court between the parties, therefore, he is not required to contest the case. It is stated that he came to know about the said order when he received the recovery warrant and then contacted the counsel to file revision. There is a huge delay of 1655 days. The applicant has not given the necessary details that when he came to know about passing of the impugned order and the name of the advocate whom he contacted and when he applied for certified copy of the order and when the same was delivered to him. The applicant has failed to explain the huge and inordinate delay of 1655 days.

4.

Considering the aforesaid inordinate delay which has not been explained, the revision is dismissed.