BEFORE THE LEARNED II ADDITIONAL FAMILY JUDGE, CHENNAI

I.A.No. In M.P.No. in M.C.N O 359 OF 2010 of 2012 of 2012

1. PARIMALA @ THERASA w/o M.Sagayaraj, 2. Miss. Jeniffer ( 7 years ) d/o M.Sagayaraj 3. Master.Rooban ( 5 years ) s/o M.Sagayaraj 1 to 3 petitioners are permanent residents of No.10138 and 10149, Kannagi Nagar, Thuraipakkam, chennai 96 Vs M.SAGAYARAJ s/o Maria Selvam, 150, Dunlop Nagar, 89, Veppampet, Thirvallur District.

..Petitioners

..Respondent

AFFIDAVIT FILED BY THE FIRST PETITIONER I, Parimala @ Therasa wife of M.Sagayaraj, Christian aged about 26 years, permanently residing at No.10138 and 10149, Kannagi Nagar, Thuraipakka, channai 96, do hereby solemnly affirm and sincerely state as follows. 1. I am the petitioner herein and as such I am well acquainted with the facts of the case. I am filing this affidavit for my self and on behalf of the minor children.

-22. I state that my husband the respondent herein, had filed HMOP No,3169 of 2008 for divorce. I have filed M.C.No.359 of 2010 for maintenance, wherein I was cross examined by my husband and the case was posted for further witnesses on 12.01.2012. As I could not attend the court on that day the case is posted on 13.02.2012 for orders. 3. I state that due to unavoidable circumstances and preoccupation I could not come to court to find the above status in time to prepare the necessary petitions to restore the case for letting further evidence on my side and further for the evidence of my husband. and in the course there is a delay of 2 days in filing the above petitions for restoration and set aside the order dt.12.01.2012 made by this Honble court. 4. The above delay was neither willful nor wanton and only due to

the above said reasons. If the delay of 2 days in not condoned I will be put to irreparable loss and hardship. The balance of convenience is also in my favour. Hence it is prayed that this Honble court may be pleased to condone the delay of 2 days in filing M.P.No. Solemnly affirmed at Chennai on this 13.th day of Feb 2012 and affixed her signature in my presence. Before me of 2012 in M.C.No.359 of 2010 to setaside the order dt.12.01.2012 and thus render justice.

Advocate, Chennai

BEFORE THE LEARNED II ADDITIONAL FAMILY JUDGE, CHENNAI

I.A.No. In M.P.No. in M.C.N O 359 OF 2010 of 2012 of 2012

1. PARIMALA @ THERASA w/o M.Sagayaraj, 2. Miss. Jeniffer ( 7 years ) d/o M.Sagayaraj 3. Master.Rooban ( 5 years ) s/o M.Sagayaraj 1 to 3 petitioners are permanent residents of No.10138 and 10149, Kannagi Nagar, Thuraipakkam, chennai 96 Vs M.SAGAYARAJ s/o Maria Selvam, 150, Dunlop Nagar, 89, Veppampet, Thirvallur District.

..Petitioners

..Respondent

PETITION TO CONDONE DELAY U/S 5 OF LIMITATION ACT

FOR the reasons setout in the accompanying affidavit it is prayed that this Honble court may be pleased to condone the delay of 2 days in filing M.P.No. of 2012 in M.C.No.359 of 2010 to setaside the order Dated at madras on this 13th day of February 2012 dt.12.01.2012 and thus render justice.

First petitioner

BEFORE THE LEARNED II ADDITIONAL FAMILY JUDGE, CHENNAI

I.A.No. In I.A.No. in HMOP No.3169 of 2008 of 2012 of 2012

PARIMALA @ THERASA w/o M.Sagayaraj, No.10138 and 10149, Kannagi Nagar, Thuraipakkam, chennai 96 Vs M.SAGAYARAJ s/o Maria Selvam, 150, Dunlop Nagar, 89, Veppampet, Thirvallur District.

..Petitioner

..Respondent

AFFIDAVIT FILED BY THE FIRST PETITIONER I, Parimala @ Therasa wife of M.Sagayaraj, Christian aged about 26 years, permanently residing at No.10138 and 10149, Kannagi Nagar, Thuraipakka, channai 96, do hereby solemnly affirm and sincerely state as follows. 1. I am the petitioner herein and as such I am well acquainted with the facts of the case. I am filing this affidavit for my self and on behalf of the minor children. 2. I state that my husband the respondent herein, had filed HMOP No.3169 of 2008 for divorce, wherein partly I have cross examined my husband and the case was posted on 12.01.2012 for further cross. As I could not attend the court on that day the case was set exparte and posted on 13.02.2012 for orders.

3. I state that due to unavoidable circumstances and preoccupation I could not come to court to find the above status in time to prepare the necessary petitions to restore the case for cross examination and in the course there is a delay of 2 days in filing the above petitions for restoration and set aside the order dt.12.01.2012 made by this Honble court. 3. The above delay was neither willful nor wanton and only due to

the above said reasons. If the delay of 2 days in not condoned I will be put to irreparable loss and hardship. The balance of convenience is also in my favour. Hence it is prayed that this Honble court may be pleased to condone the delay of 2 days in filing I.A.No. of 2012 in HMOP No. 3169 of 2008 to setaside the order dt.12.01.2012 and thus render justice. Solemnly affirmed at Chennai on this 13.th day of Feb 2012 and affixed her signature in my presence. Before me

Advocate, Chennai

BEFORE THE LEARNED II ADDITIONAL FAMILY JUDGE, CHENNAI

I.A.No. In I.A.No. in HMOP No.3169 of 2008 of 2012 of 2012

PARIMALA @ THERASA w/o M.Sagayaraj, No.10138 and 10149, Kannagi Nagar, Thuraipakkam, chennai 96 Vs M.SAGAYARAJ s/o Maria Selvam, 150, Dunlop Nagar, 89, Veppampet, Thirvallur District.

..Petitioner

..Respondent

PETITION TO CONDONE DELAY U/S 5 OF LIMITATION ACT For the reasons setout in the accompanying affidavit it is prayed that this Honble court may be pleased to condone the delay of 2 days in filing I.A.No. of 2012 in HMOP No. 3169 of 2008 to setaside the order dt.12.01.2012 and thus render justice. Dated at madras on this 13th day of February 2012

petitioner