NAJMI WAZIRI (Open Court)

1. This petition impugns the order of the Family Court, Rohini, Delhi dated 06.06.2011 which had reviewed its own order of 01.11.2010. the latter order fixed an amount of Rs.1,00,000/- for the maintenance of the wife and the minor child of the respondent from the date of filing of section 24 application under Hindu Marriage Act, 1955. Mr. A.K. Singh, learned counsel for the appellant submits that the Trial Court fell into error by entertaining the application filed by the Attorney of the husband and it was also not supported by an affidavit of the husband. The learned counsel further submits that there is no provision in law for entertaining such a defective application; that it was barred by time by delay of 13 days and nor was there any application seeking condonation of the said delay. He submits that the Court suo moto, could not have condoned the delay since there is strict stipulation under the law of limitation requiring each day of delay to be explained convincingly. He submits that for the delay to be condoned, an application to this effect justifying the grounds of delay ought to be on record; that the Trial Court fell into error in condo