A.P.THAKER,J. - (1.)Learned APP, Ms.Moxa Thakkar and learned advocate, Mr.Vivek Bhamare waives service of notice of rule on behalf of respondent nos.1 and 2 respectively.
(2.)By filing this application, the applicant has prayed to condone delay of 734 days caused in filing Criminal Appeal (F) No.26188 of 2018 (now numbered as Criminal Appeal No.1317 of 2018) challenging order dated 13.6.2016 passed below Exh.75 in Criminal Misc. Application No.333 of 2013 by learned Family Court, Surat.
(3.)The respondent herein had filed an application seeking maintenance under section 125 of the Criminal Procedure Code. That being aggrieved by the amount of maintenance the respondent herein preferred a revision application before this Honourable Court, which is pending. It is stated that the appeal preferred by the applicant herein against the impugned order of the trial Court is only with regard to false and misleading statements made by the respondent on oath before the concerned trial Court at the time of deciding the application for maintenance. Since there is a delay of 734 days in preferring such appeal present application for condonation of delay is filed.