##PAGE1##

1

2026:CGHC:5364

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRR No. 674 of 2024

Shashi Chauhan S/o Chetu Lal Valmik Aged About 62 Years R/o Bangla

Para Sonkar Mohalla Raigarh Tehsil And District Raigarh, C.G. At

Present R/o Daroga Para, Gujrati Mohalla Raigarh, C.G.

... Applicant

versus

Smt. Laxmi Bai W/o Shashi Chauhan Aged About 57 Years R/o Ward No.

359/a Front Of Jhopdi Zone-2 Ward No. 29 Bhilai Charoda B.M.Y. Durg

C.G

... Respondent

(Cause-title taken from Case Information System)

For Applicant : Mr. Rajendra Kumar Patel, Advocate

For Respondent : Mr. Avinash Chand Sahu, Advocate

Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

30.01.2 026

1. Heard on I.A. No.01 of 2024, which is an application under Section

5 of the Limitation Act.

2. Learned counsel for the applicant submits that the applicant has

preferred the present criminal revision against the impugned order dated

29.01.2024 passed by the learned Principal Judge, Family Court, Durg

(C.G.) in M.J.C. Case No. 182/2017, whereby the application under

RAHUL

DEWANGAN

Digitally

signed by

RAHUL

DEWANGAN

2

Section 125 of the Code of Criminal Procedure was partly allowed and the

applicant was directed to pay maintenance of Rs.3,000/- per month to the

non-applicant. It is submitted that after passing of the impugned order, the

applicant was suffering from serious medical issues and, due to the said

bona fide reasons, could not approach this Hon’ble Court within the

prescribed period of limitation. The delay in filing the present revision is

neither deliberate nor intentional, but occurred due to circumstances

beyond the control of the applicant. The applicant craves leave of this

Hon’ble Court to rely upon the facts and grounds stated in the revision

petition for the purposes of this application as well. In view of the

aforesaid facts and circumstances, he prays for condoning the delay in

the interest of justice and proceed to hear the revision on merits.

3. On the other hand, learned counsel appearing for the respondent

opposes the prayer for condonation of delay and submits that the

explanation furnished by the applicant for condonation of delay is vague,

casual and unsupported by any cogent material. The bald plea of medical

illness has not been substantiated by any credible medical record and

does not satisfactorily explain the delay in approaching this Hon’ble Court

within the prescribed period of limitation. The applicant has failed to show

sufÏcient cause or explain the delay in a reasonable manner, and the

application lacks bona fides. It is further submitted that the impugned

order granting maintenance of a meagre amount of Rs.3,000/- per month

was passed after due consideration of the facts and is in favour of the

sustenance of the respondent, and the present proceedings have been

initiated only to delay compliance. In such circumstances, the respondent,

therefore, prays that the application for condonation of delay be rejected,

3

and consequently the revision petition itself be dismissed as barred by

limitation.

4. I have heard learned counsel appearing for the parties as also

perused the application for condonation of delay in preferring the instant

criminal revision.

5. The primary question that arises for consideration before this Court

is whether the delay of about 43 days in preferring the present revision

petition deserves to be condoned or not.

6. Recently, the Hon’ble Supreme Court in the matter of State of

Madhya Pradesh v. Ramkumar Choudhary, 2024 INSC 932, while

considering the delay, issued some directions and observed as follows:-

“5. The legal position is that where a case has

been presented in the Court beyond limitation,

the petitioner has to explain the Court as to

what was the "sufÏcient cause" which means

an adequate and enough reason which

prevented him to approach the Court within

limitation. In Majji Sannemma v. Reddy

Sridevi, 2021 SCC Online SC 1260, it was

held by this Court that even though limitation

may harshly affect the rights of a party, it has

to be applied with all its rig