IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2026
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Crl.MP.No.2410 of 2026 and
Crl.RC.SR.No.7237 of 2026
Karthikeyan, S/o.Manivannan
3/2, 11D, Muruga Kovil Street, TVK Nagar
Virudhachalm Taluk and District Petitioner-Crl.MP/
Revision Petitioner-Crl.RC.SR
Vs
Anbarasai, D/o.Paranthaman
No.316B, Marriyamman Kovil Street,
B-Karaimedu Village, Kongrampallayam Post
Villupuram Taluk and District Respondent-Crl.MP/ Crl.RC.SR
For Petitioner/Revision Petitioner : Mr.K.Gandhi Kumar
For Respondent : Mr.P.Sarveswaran
Prayer:- This Crl.MP.No.2410 of 2026 is filed, under Section 5 of the Limitation Act, to condone the delay of 1497 days in preferring the Crl.RC.SR.No.7237 of 2026.
Prayer:- This Crl.RC.SR.No.7237 of 2026 is filed, under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), against the order, dated 28.09.2021, passed in MC.No.43 of 2019, by the Family Court, Villupuram.
ORDER
1. This Crl.MP.No.2410 of 2026 is filed, under Section 5 of the Limitation Act, to condone the delay of 1497 days in preferring the Crl.RC.SR.No.7237 of 2026.
2. This Crl.RC.SR.No.7237 of 2026 is filed, under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), against the order, dated 28.09.2021, passed in MC.No.43 of 2019, by the Family Court, Villupuram.
3. The facts of the case are that the Revision Petitioner and the Respondent got married on 12.06.2015. Due to matrimonial dispute, the Respondent left the matrimonial home and that the Respondent had filed MC.No.43 of 2019, before the Family Court, Villupuram, seeking maintenance. By the impugned order, the Trial Court had awarded a sum of Rs.30,000/- p.m. as maintenance to the Respondent. As against the same, the Revision Petitioner had preferred Crl.RC.SR.No.7237 of 2026, along with the present Civil Miscellaneous Petition to condone the delay of 1497 days, in preferring the above Crl.RC.SR.No.7237 of 2026.
4. This Court heard Mr.M.Maharaja, the learned counsel for the Revision Petitioner and Mr.P.Sarveswaran, the learned counsel for the Respondent.
5. The learned counsel for the Petitioner submits that the delay of 1497 days in preferring the above Criminal Revision Case had occurred due to the fact that he had received the main case papers from the court through his counsel only in November 2025 and that the said delay is neither deliberate nor willful and hence, the learned Counsel prays this Court to allow this Petition, by condoning the delay in preferring the Criminal Revision Case, in the interest of justice.
6. On the other hand, the learned counsel for the Respondent submits that this Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, is, prima facie, not legally maintainable and that the reasons assigned by the Petitioner for condoning such an inordinate delay are vague and not valid reasons and hence, this Civil Miscellaneous Petition is liable to be dismissed.
7. This Court has given its careful and anxious consideration to the contentions put forward by the learned counsel for the parties and also perused the entire materials available on record.
8. The matter comes up for consideration of application under Section 5 of the Limitation Act with a prayer for condoning the delay of 1497 days in filing the Criminal Revision Case.
9. The standard period of limitation for filing a Criminal Revision Petition under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is 90 days from the date of the impugned order, as stipulated under Article 131 of the Limitation Act, 1963. In the present case, the Criminal Revision Petition has been filed with a delay of 1497 days. However, under Section 5 of the Limitation Act, 1963, the Court is empowered to condone the delay if the Petitioner is able to demonstrate "sufficient cause" for not preferring the revision within the prescribed limitation period. The explanation offered must be reasonable, bona fide, and not indicative of negligence or inaction.
10. In the present case, the reasons assigned by the Petitioner for condoning the delay are that the delay of 1497 days had occurred due to the fact that he had received the main case papers from the court through his counsel only in November 2025 and that the said delay is neither deliberate nor willful
11. After perusal of the records, this Court finds that there is neither a satisfactory explanation nor any valid reasons for condoning the inordinate delay of 1497 days in preferring the Criminal Revision Case. He
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.