Timely compliance with maintenance orders is crucial; failure results in dismissal of appeals.

J U D G M E N T

(Dated this the 24th day of March, 2026)

The respondents in MC No. 21 of 2021 on the file of Judicial First Class Magistrate-III, Palakkad who are the appellants in un-numbered criminal appeal of 2023 before the Sessions Court, Palakkad filed this OP being aggrieved by the order passed by the learned Sessions Judge dismissing the application filed under Section 5 of the Limitation Act for condoning the delay of 49 days in preferring the appeal.

2. The above MC was filed by the respondent under Section 12 of the Protection of Women from Domestic Violence Act seeking various reliefs including maintenance. In addition to protection order the learned Magistrate as per the order dated 25.09.2023, directed the 1^st respondent to pay maintenance at the rate of Rs.150,00/- per month to his wife and Rs.10,000/- per month to the minor child. Aggrieved by the said order, he preferred the un-numbered criminal appeal with a delay of 49 days. The learned Sessions Judge dismissed the delay petition on the ground that the petitioners have failed to show sufficient cause for the delay.

3. At the time of arguments, the learned Counsel for the petitioners submitted that the 1^st petitioner is a freelance IT trainer. It is also revealed that now the maintenance ordered by the learned Magistrate and kept in arrears by the 1^st petitioner will come to more than Rs. 7 lakhs. The learned Counsel for the petitioner submitted that so far he had paid only Rs.1,21,000/- to the respondent.

In the above circumstances, I hold that this OP(Crl)

can be allowed if the 1^st petitioner is ready to pay 50% of the arrears of maintenance due to the respondent, till date, in a time bound manner. In the result, this OP(Crl) is allowed on condition that the 1^st petitioner shall pay 50% of the arrears of maintenance ordered by the learned Magistrate within a period of 15 days and continue to pay maintenance at the same rate till the disposal of the OP(Crl). In case of default, this OP will stand dismissed.