Nisha Gupta, J. - (1.) THIS revision petition has been preferred against the order dated 20.1.2012 passed by learned Judge, Family Court, Udaipur whereby Rs. 1000/ - per month has been awarded maintenance to the minor sons. Short facts of the case are that non -petitioner no. 1 mother of the minor children has filed an application under Section 125, Cr. P.C. on which the Judge, Family Court has awarded maintenance @ Rs. 1000/ - per month to the non -petitioners no. 2 and 3.
(2.) THE contention of the present petitioner is that wife herself has left the matrimonial home. The petitioner has no sufficient means to maintain his children. The non -petitioner no. 1 has sold the house belongs to the present petitioner and she is getting the interest on money. A petition under Section 9 of the Conjugal Rights has also been filed by the present petitioner prior to the filing of the application under Section 125, Cr. P.C. Hence the order of maintenance should be quashed. The revision petition has been filed delayed and hence the application under Section 5 of the Limitation Act for condonation of delay has also been filed stating therein that he fell sick on 15.4.2012 and could not file the revision within time.
(3.) HEARD learned counsel for the petitioner and perused the impugned order as well as the contents of the application filed under Section 5 of the Limitation Act.;