FULCHAND KURMI Vs. SMT. CHANDRABATI KURMI

JUDGEMENT

(1.) Heard Mr. I.H. Laskar, the learned Counsel for the applicant. None appears on behalf of respondent despite notice as indicated in the office note dated 30.4.2008.

(2.) This is an application under section 5 of the Limitation Act, 1963 (hereinafter for short, 'the Act') for condonation of delay of 77 days in filing the related matrimonial appeal against the judgment and order dated 19.9.2007 passed by the learned Principal Judge, Family Court, Silchar in F.C. (Crl.) No. 361/2006 whereby the petitioner (husband-2nd party) was directed to pay Rs. 700.00 per month to the wife/1st party as maintenance allowance under section 125, Cr.P.C.

(3.) To make out a case for "sufficient cause" to condone the delay, the following averments have been made by the applicant in paragraphs 2 and 3 of this misc. application which run as under :