Heard learned counsel for the petitioner, learned counsel for the Opposite Party No.2 as well as learned Additional P.P. also gone through the order impugned dated 29.03.2010 passed by Principal Judge, Family Court, Jehanabad.

2. I.A.No.1519 of 2011 filed under Section 5 of the Limitation Act is allowed on account of peculiar facts of the case as well as taking into consideration the submission raised on behalf of the learned counsel for the petitioner.

3. After going through the order impugned, it is evident that the same has been passed by following mechanical process instead of application of judicial mind. It is apparent therefrom that the learned Lower Court had not decided the issue of sufficient means by cogent reasoning, side by side it also appears that having the interim maintenance annulled by the then Principal Judge, Family Court, Jehanabad vide his judgment dated 06.09.2008 in Cr.Revision No.50 of 2006/01 of 2008 the order impugned speaks for its compliance till further order. However, it happens to be a different matter whether in terms of Section 19(4) of the Family Court Act, the order impugned happens to be legal or not but, as the same has not been challenged, therefore, its effect will survive.

4. Consequent thereupon, the order impugned is set aside. Petition is allowed. The matter is remitted back to the learned Lower Court to proceed a fresh in accordance with law.