1. This revision is directed against the order dated 08.09.2009 passed by Family Court, Raipur in Case No. 19 of 2009, by which, the applicant/husbands application for setting aside ex-parte order of maintenance has been rejected by the Family Court finding no sufficient cause has been shown by the applicant within the meaning of Section 5 of the Indian Limitation Act, 1963 (henceforth the Act, 1963).

2. The core facts necessary for disposal of this revision are as under:-

2.1 On, an application filed by the non-applicant/wife under Section 125 of the Code of Criminal Procedure (for short the Code) claiming monthly allowance for maintenance stating inter alia that she is legally wedded wife of applicant; she is forced to live separately on account of cruelty extended by the applicant/husband and she is unable to maintain herself having no independent source of income.

2.2 The Family Court issued notice to the applicant, which was duly served to him but he failed to appear before the said Court leading to passing of the ex parte order of maintenance on 30.09.2008.

2.3 The present applicant on 22.1.2009 filed an application under Order 9, Rule 13 of Code of Civil Procedure (for sho