IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 42 OF 2010 Ms.Nasrin Bano Sabbir Shaikh ..... ..... ...Applicant. V/s Sabbir Ahmed Shaikh ..... ...... ... ... ..Respondent. Ms.Shabana Ansari, Adv. for the applicant. Mr.Murtaza Nazmi, Adv. for the respondent. CORAM: A.P.DESHPANDE AND SMT. R.P. SONDURBALDOTA, JJ. 19th April, 2010. PC: By the present application the revision applicant/wife is seeking condonation of delay of 35 days in filing the criminal revision application challenging the order passed by the family court directing payment of maintenance at the rate of Rs.3000/- per month on the ground that the quantum of maintenance awarded is on lower side. Record reveals that the applicant had demanded maintenance in the sum of Rs.10,000/- per month. The order passed by the family court granting maintenance of Rs. 3000/- per month was initially challenged by the respondent- husband by filing revision. However the revision came to be dismissed for non compliance of order dated 18.11.2009 which directed the respondent herein to deposit the entire arrears of maintenance from December, 2005 till November, 2009 at the rate of Rs.3000/- per month within stipulated period. 2. The reasons set out for delay is filing of revision application 1 by the husband and non payment of maintenance amount which constrained the applicant to take out execution proceedings. 3. According to the learned counsel for the respondent delay ought not be condoned as the applicant would be estopped from questioning the correctness of order impugned as she had already resorted to taking out execution proceedings with a view to execute the order. The submission is wholly untenable. There cannot be estoppel against a statute. However said submission would touch the merit of the matter and not the exercise of discretion in codoning the delay. For the reasons stated in the application as the delay is of only 35 days same is condoned. Criminal application is allowed and disposed of accordingly. 19.4.2010. 2