Satisfactory explanation for delay in filing an appeal is crucial in delay condonation cases.

O R D E R

This revision is at the instance of the appellant in Crl.Appeal No.13 of 2023 on the file of Sessions Court, Manjeri, challenging the order in Crl.M.P.No.216 of 2023, by which, the petition to condone the delay in filing the appeal was dismissed.

2. The petitioner herein is the respondent in M.C.No.35 of 2019 on the file of Judicial First Class Magistrate Court-I, Tirur. As per order in CMP No.3291 of 2019, he was directed to pay interim monthly maintenance at the rate of Rs.6,000/- to his wife from the date of petition. Challenging that order, he filed Crl.Appeal No.13 of 2023 with a delay of 1143 days. Crl.M.P. No.216 of 2023 was filed to condone the delay and to admit the appeal. The learned appellate court found that there was no sufficient explanation for the inordinate delay in filing the appeal, and hence the petition for condoning the delay was dismissed and consequently, the appeal also was dismissed, against which, he has preferred this revision.

3. On going through the order of the appellate court in Crl.M.P. No.216 of 2023, this Court finds no illegality or impropriety, as the petitioner could not satisfactorily explain the delay of 1143 days in filing the appeal. Moreover, the M.C. is still pending consideration of JFCM-I, Tirur, and the challenge was only against the interim monthly maintenance ordered at the rate of Rs.6,000/-.

4. Learned counsel for the petitioner would submit that the petitioner is sick and age old, and he had filed a maintenance petition before the Family Court against his son, but it was dismissed. So he is not in a position to pay monthly maintenance at the rate of Rs.6,000/- per month to his wife.

5. Since this Court finds no merit in this revision petition, it is liable to be dismissed. At the same time, there can be a direction to JFCM-I, Tirur to consider MC No.35 of 2019 immediately and dispose it of finally, after taking into account all the documents and evidence adduced from either side.

6. Till MC No.35 of 2019 is finally disposed of, the petitioner/husband has to pay interim monthly maintenance at the rate of Rs.3,000/- to his wife from the date of petition modifying the interim order passed by the trial court, and the arrears to be paid within three months from today. Learned JFCM-I, Tirur has to dispose MC No.32 of 2019 within six months from the date of receipt of a copy of this order.

7. Registry of this Court is directed to forward a copy of this order to JFMC-I, Tirur.

With these directions, this Crl.R.P. is disposed of.

Sd/-

SOPHY THOMAS JUDGE

DSV/-

APPENDIX OF CRL.REV.PET 4/2024 PETITIONER’S ANNEXURES :

Annexure 1 TRUE COPY OF THE MEDICAL CERTIFICATE DATED

15.06.2019 ISSUED TO APPLICANT BY DR.SAJEESH SIVADAS, NEPHROLOGIST, ASTER MIMS HOSPITAL, KOTTAKKAL.

Annexure 2 TRUE COPY OF THE MRI LUMBAR SPINE SCAN REPORT DATED 31.07.2019 OF APPLICANT ISSUED BY DR.SHAJI.P.C MD ), RADIOLOGIST OF DR.SHAJI'S MRI & MEDICAL RESEARCH CENTRE PVT. LTD.

Annexure 3 TRUE COPY OF THE NERVE CONDUCTION REPORT OF APPLICANT DATED 01.01.2022 BY DR.AHAMED SUBIR.H MD, DM (NEURO), OF MES MEDICAL COLLEGE &

HOSPITAL, PERINTHALMANNA.

Annexure 4 TRUE COPY OF THE MRI SCAN REPORT DATED

04.01.2022 OF LEFT SHOULDER OF APPLICANT ISSUED BY DR.SHAMEEM AHAMMED MD OF MES MEDICAL COLLEGE HOSPITAL, PERINTHALMANNA.

Annexure 5 TRUE COPY OF THE TREATMENT RECORD DATED

22.10.2022 OF APPLICANT ISSUED FROM MALAPPURAM DISTRICT AYURVEDA HOSPITAL, VALAVARMUR.

Annexure 6 TRUE COPY OF THE MEDICAL CERTIFICATE DATED

14.11.2022 ISSUED TO APPLICANT BY DR.SAJEESH SIVADAS, NEPHROLOGIST, ASTER MIMS HOSPITAL, KOTTAKKAL.

Annexure 7 TRUE COPY OF THE TREATMENT RECORD DATED

21.11.2022 OF APPLICANT ISSUED FROM MALAPPURAM DISTRICT AYURVEDA HOSPITAL, VALAVANNUR.

Annexure 8 TRUE COPY OF THE OUT PATIENT RECORD DATED

26.10.2023 OF APPLICANT ISSUED FROM JIPRER HOSPITAL, PUDUCHERRY.

RESPONDENTS’ ANNEXURES : NIL