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2025 DAILYLAW 12298 (CHH)

KHOVENDRA SAHU v. SMT. LEELA SAHU

WP227/214/2025 · 2025-03-10

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:11731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 214 of 2025  Khovendra Sahu S/o Parghaniya Sahu Aged About 28 Years R/o Village Murta, P.S. Nawagarh, Tahsil Nawagarh, District Bemetara Chhattisgarh ... Petitioner(s) versus  Smt. Leela Sahu W/o Shri Khovendra Sahu Aged About 22 Years R/o Village Murta, P.S. Nawagarh, Tahsil Nawagarh, District Bemetara Chhattisgarh At Present R/o Village Makke, P.S. And Tahsil Pipariya, District Kabirdham Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. C.K. Sahu, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10. 03.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the petitioner’s case. 10.2 That, this Hon’ble Court may kindly be pleased to issue writ/ or writs/ order/ or orders, to quash the impugned order dated 25.10.2024 (Annexure P-1) passed by learned Family Court Kabirdham Chhattisgarh in Civil Suit No. 105-A/2023, in the interest of justice. 10.3 Any other relief which may be suitable in the facts and circumstances of the case including cost of the petition, may also be granted.” 2. The facts of the present case are that the marriage between the parties was solemnized on 28.04.2023 as per the Hindu customs. The petitioner/husband filed a Civil Suit No. 105-A/2023 for dissolution of Digitally signed by AJINKYA PANSARE Date: 2025.03.19 10:17:29 +0530 2 marriage. On 26.06.2024, the respondent/wife filed an application under Section 24 of the Hindu Marriage Act, 1955 for temporary maintenance to the tune of Rs. 15,000/- and Rs. 940/- towards traveling expenses. The petitioner/husband filed reply and denied the averments made in the application. The learned trial Court vide order dated 25.10.2024 allowed the application moved under Section 24 of the Hindu Marriage Act by the respondent/wife on the ground that after registration of complaint against petitioner/husband she is living at her maternal home and the allegations leveled by both the parties are yet to be proved by them and directed the petitioner/husband to pay an amount of Rs. 5,000/- towards legal expenses. 3. Learned counsel for the petitioner would submit that petitioner has moved application U/s 9 of the Act, 1955 before the learned Family Court, Rajnandgaon which is pending consideration and this fact has not been considered by the concerned Court while passing the order impugned. 4. Heard. 5. Evidently, the Civil Suit No. 105-A/2023 is pending consideration before the learned Family Court, Kabirdham and during the pendency of the suit, an application was moved by the respondent/wife under Section 24 of Hindu Marriage Act, 1955. The learned Family Court has partly allowed the application and directed the petitioner to pay Rs. 5,000/- lump sum towards legal expenses which is just and proper; therefore, no case is made out for interference. 6. Consequently, this petition fails and is hereby dismissed. No cost(s). Sd Sd/- (Rakesh Mohan Pandey) Judge $iddhant/Ajinkya