AI Structured Summary
Not yet generated for this judgment
Judgment
Leave granted.
The complainant-respondent No. 1 though has been served but does not appear. The service must be treated to be sufficient in view of the office report. The said Respondent No. 2 is present.
In a proceeding u/s 125 Code of Criminal Procedure filed by the Appellant, the Magistrate granted maintenance. Against the said order, the husband approached the Sessions Judge in revision and the Sessions Judge interfered with the same. The wife approached the High Court and the High Court however, without going into the merits of the matter, dismissed the application on the ground of limitation.
Having heard the Learned Counsel for the Appellant and on going through the impugned order of the High Court, we are of the considered opinion that in the facts and circumstances of the present case, the High Court would have done well in condoning the delay and entertaining the application of revision and disposing of the same on merits. In this view of the matter, we set aside me impugned order and remit the matter to the High Court for redisposal of the same on merits.
These appeals stand disposed of accordingly.