1 2025:CGHC:12029 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 224 of 2025  Dr. Prashant Dewangan S/o Dr. I.L. Dewangan Aged About 36 Years Resident Of Dream Enclave, Ashok Nagar, Bilaspur, District Bilaspur (C.G.), Office Address- Prashant Dewangan, Office Of Deputy Director, Veterinary Service, Collector Complex, Korba, District Korba (C.G.) ... Petitioner(s) versus  Smt. Neha Dewangan D/o Pinakchand Dewangan Aged About 28 Years Resident Of Karbala Road, Near Kumhar Marg, Vibhu Riksha Garage, Karbala, Juna Bilaspur, P.S. City Kotwali, District- Bilaspur (C.G.) ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Syed Afaque Hussain Rizvi, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11. 03.2025 1. The petitioner has filed this instant petition assailing the order passed by the learned Principal Judge, Family Court Bilaspur, District Bilaspur dated 13.02.2025 whereby attachment warrant has been issued against the petitioner. 2. The facts on the present case are that marriage between the parties was solemnized on 08.02.2011 and a son, namely, Daksh Parth Dewanan was born out of the wedlock. The parties jointly moved an application U/s 13-B of the Hindu Marriage Act, 1955 on 24.02.2022 and decree of divorce was 2 passed on 16.11.2022 wherein it was agreed into between the parties that petitioner/ husband would pay Rs. 20,00,000/- as maintenance to the respondent/wife after period of three years and in the meanwhile, petitioner would pay Rs. 15,000/- each month without failure. Respondent/ wife filed application U/s 151 of CPC for payment of Rs. 75,000/-. Petitioner filed reply and denied the averments. Petitioner also filed application U/s 25(2) of the Act, 1955 for seeking quashment of maintenance. Respondent filed Execution Case No. 01/2024 wherein the learned Family Court has passed the order impugned on 13.02.2025 whereby attachment/ seizure warrant has been issued against petitioner. 3. Learned counsel for the petitioner submits that since there is substantial change of circumstance as the respondent/ wife has recently been appointed on the post of Assistant Grade-III in the District and Sessions Court, Bilaspur on 25.05.2023, therefore, she is no more dependent and thus she is not entitled for the remaining part of maintenance as laid out in the judgment and decree dated 24.02.2022. He prays to quash the impugned order dated 13.02.2025. 4. Heard. 5. Evidently, the application for dissolution of marriage was jointly filed by the parties. Further, the decree of divorce was passed with the consent of the parties and terms of maintenance were mutually agreed into by the parties. Admittedly, respondent/ wife got appointed on the post of Assistant Grade- III at District & Sessions Court, Bilaspur on 25.08.2023. The petitioner ought to have moved application U/s 127 of CPC for alternation of maintenance before the concerned Court. Since, the decree was passed in view of the mutual agreement between the parties, no case is made out for quashing the maintenance amount already agreed into between the 3 parties. 6. Taking into consideration the above-discussed facts, in the opinion of this Court, no case is made out for interference. Consequently, this petition fails and is hereby dismissed. No order as to cost(s). Sd/- (Rakesh Mohan Pandey) Judge $iddhant/ Ajinkya