THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL REVISION CASE No. 1457 of 2009 O R D E R: This Criminal Revision Case is filed against the order dated 17.06.2009 in Crl.M.P.No. 1543 of 2008 in M.C.No. 34 of 2007 on the file of the Judicial Magistrate of I Class, Miryalaguda. The petitioner husband filed the above petition under Section 5 of the Limitation Act to condone the delay of 92 days in filing the set aside petition, but the same was dismissed by the order under revision, for want of sufficient cause. Heard. A perusal of the material available on record discloses that the Court below passed an ex parte order dated 17.10.2007, in favour of the respondent by granting maintenance at the rate of Rs.10,000/- per month. Considering the circumstances, I am of the opinion that the grounds taken before the Court below are sufficient to condone the delay. The Criminal Revision Case is accordingly allowed at the stage of admission and the delay of 92 days in filing the set aside petition is condoned. The ex parte order dated 17.10.2007 is set aside and M.C.No. 34 of 2007 is restored to file. However, it is made clear that till the disposal of the maintenance case, on merits, the petitioner shall continue to pay maintenance at the rate of Rs.5,000/- per month to the respondent wife in the shape of interim maintenance. --------------------------- (P. SWAROOP REDDY, J) 02nd March 2010 ksld