1 2025:CGHC:40571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 279 of 2024 Smt. Geeta Patel W/o Ramkishore Patel Aged About 28 Years Caste Aghariya, R/o Hostel, Near The Kanpur Hotel Beside Gali, Gandhi Chowk Bilaspur, P.S. Tarbahar, Tahsil And District Bilaspur, Chhattisgarh Pin 495001, Permanent R/o Village Asoda, P.S. And Tahsil Sakti, District : Sakti, Chhattisgarh ... Applicant versus Ramkishore Patel S/o Chandrashekhar Patel Aged About 28 Years R/o Village Asoda, Police Station And Tahsil Sakti, District Janjgir-Champa, C.G., Presently R/o And Posted As R.A.E.O. In The Office Of The Sub Divisional Officer At Jobi, Block Kharsiya, P.S. Kharsiya, District : Raigarh, Chhattisgarh ---- Respondent For Applicant : Mr. Vijay K. Deshmukh, Advocate. For Respondent : Mr. Rohit Sharma, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.08.2025 1. Heard Mr. Vijay K. Deshmukh, learned counsel appearing for the applicant. Also heard Mr. Rohit Sharma, learned counsel for the private respondent. 2. This Criminal Revision is being aggrieved of the order dated 20.02.2024 passed by the learned Principal Judge, Family Court, District – Bilaspur (C.G.) in MJC No. 922/2019, whereby the learned Family Court, rejected the application under Section 125 of CrPC filed by the applicant for grant of maintenance. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.14 18:49:22 +0530 2 3. The prosecution story in brief is that the marriage of applicant and respondent was solemnized on 15/05/2017 before the Marriage officer Janjgir-Champa. Till the date this marriage certificate not declare null and wide and moreover no any divorce granted by Family Court till the order dated 20/02/2024 passed by the Family Court Bilaspur in the M.J.C. No. 922/2019. The marriage of the applicant and respondent was also solemnized as per the Hindu Costume on dated 01/04/2017 at the Mahamaya Mandir Sakti. Both the parties lived together till 19/06/2018 and they have not any issue. The applicant filed an application under Section 125 Cr.P.C. on dated 18/09/2019 for grant of maintenance Rs. 20,000/- for her per month on the ground of cruelty and income of husband from the payment as posted as R.A.E.O. in the office of the Sub Divisional Officer at Jobi, block Kharsiya, Police Station Kharsiya District Raigarh and also agriculture land and other sources. The applicant and the respondent husband also made an agreement dated 01/04/2017 which is executed before the public notary on the Non-judicial Stamp Rs.100/-. Before and after both husband and wife were lived as husband wife till the knowledge of the case filed by the respondent husband under Section 12 of the Hindu Marriage Act 1955. This case is dismissed by the link Family Court Sakti District Janjgir-Champa by order dated 11/03/2019 in Civil Suit No.22-A/2019 Ramkishore v/s Geeta Patel. This civil suit filed by husband has been dismissed. Therefore the order impugned only on this ground has to be set aside because the husband filed Section 12 H.M. Act case to break the marriage, agreement, registration certificate. 4. The respondent herein has filed the reply to the said application and has denied the averments raised by the applicant. The learned Family Court has recorded the statement of the parties. The witnesses were examined 3 before the learned Family Court including the applicant and the respondent. The learned Family Court by passing the impugned order, has rejected the application under Section 125 of CrPC filed by the applicant for grant of maintenance. Hence, this revision. 5. Learned counsel appearing for the applicant submits that the impugned order is contrary to the facts, law and circumstances of this case. It is further submitted that on the second last date of hearing the applicant/wife also mentioned to the Court that she wants to live with her husband without any task, but the respondent/husband refused to live with her. Therefore, the impugned order is contrary to the facts, and the same is liable to be set-aside. 6. On the other hand, learned counsel for the respondent opposes the submissions advanced by the learned counsel for the applicant and supports the impugned order dated 20.02.2024 passed by the learned Principal Judge, Family Court, District – Bilaspur (C.G.) in MJC No. 922/2019, whereby the learned Family Court, rejected the application under Section 125 of CrPC filed by the applicant for grant of maintenance, and he further submits that there is no illegality and infirmity while passing the same, therefore, the instant revision filed by the applicant/complainant is devoid of merits and is liable to be dismissed. 7. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 8. Considering the submissions advanced by the learned counsel for the parties, and from the perusal of the order of the Family Court, it transpires that no any good ground has been raised on merits by the applicants’ side, thus, it transpires that after hearing all the statements of 4 the witnesses and perusing the evidence available on record, the learned Family Court has passed the impugned order, and there is no any illegality and infirmity while passing the same which requires interference by this Court. 9. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. 10. Let a certified copy of this order be transmitted to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Preeti