1 2025:CGHC:26864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 466 of 2020 Tilak Ram Deshmukh S/o Narad Ram Deshmukh Aged About 30 Years R/o Village Jogibhat, Police Station And Tehsil Daundi Lohara, District Balod, Chhattisgarh. ... Applicant versus 1 - Smt. Prabha Deshmukh W/o Tilak Ram Deshmukh Aged About 29 Years Respondents Are R/o Village Mudhiya, Police Station Suregaon, Tehsil Daundilohara, District Balod, Chhattisgarh. 2 - Kumari Devika D/o Tilak Ram Deshmukh Aged About 9 Years Through Her Legal Guardian Mother Namely Smt. Prabha Deshmukh, W/o Tilak Ram Deshmukh, Aged About 29 Years, R/o Village Mudhiya, Police Station Suregaon, Tehsil Daundilohara, District Balod, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Prasoon Agrawal, Advocate. For Non-applicant : Mr. Punendra Khichariya, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.06.2025 1. Heard Mr. Prasoon Agrawal, learned counsel the applicant. Also heard Mr. Punendra Khichariya, learned counsel for the non- applicant. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. This Criminal Revision is being aggrieved of the impugned order dated 02.03.2020 passed by the learned Principal Judge, Family Court, Balod, District – Balod (C.G.) in Case No. 22/2019, whereby the learned Family Court, Balod, District – Balod, directed the applicant to pay the amount Rs. 60,000/- to the respondents on the basis of the order dated 05.09.2017. 3. The facts, in brief, is that the respondents have filed an application under Section 125 of the CrPC before the learned Family Court for grant of maintenance to the tune of Rs. 20,000/- per month to both the respondents herein. The marriage between the applicant and the respondent No.1 took place on 01.06.2005 at village Mudhia, Tehsil Daundi Lohara, District Balod (C.G.) according to the rituals and customs of the society and one child i.e. the respondent No.2 was born out of the said wedlock. The period of 4-5 months the applicant started mentally torturing the respondent No.1 land also started physically abusing her. The applicant used to doubt the character of the respondent No.1. Thereafter both the applicant and the respondent No.1 had came down to Bhilai, District Durg (C.G.) and later on the applicant had declined to stay with the respondent No.1. The applicant is also having a second wife at his home. The learned Family Court vide an ex-parte order dated 05.09.2017 granted the total maintenance of Rs. 5000 in favour of the both the respondents herein. In the said proceedings the applicant herein remained ex-parte. The learned Family Court had passed the orders on the premise that there are sufficient grounds with the wife to reside separately from the applicant/husband and the wife and 3 the daughter are not in a position to maintain themselves. After gathering about the knowledge of the order dated 05.09.2017 the applicant herein had moved an application under Section 126(3) of CrPC before the learned Family Court, Balod (C.G.) on 04.12.2017. The said case was registered as Miscellaneous Criminal Case No. 171/2017 and it has been averred by the applicant herein that on 02.04.2017 the applicant got injured in an accident as a result of which his right leg got fractured and thereafter the applicant got his treatment done at Government Hospital, Daundi Lohara. The applicant was not able to appear on 05.09.2017 as a result of which the ex-parte order was passed by the learned Court. The wife/respondent No.1 willingly without any rhyme and reason is living at her parental home, earlier also the meetings were held in the society and village wherein the issue was resolved and it was decided that the husband shall deposit the sum of Rs. 50,000/-. The learned Court vide order dated 12.04.2019 has allowed the application filed by the applicant/husband and thus set aside the order dated 05.09.2017 and directed that the husband shall pay a sum of Rs. 5,000/- to the respondents herein as Court expenses. On 04.02.2019 the application under Section 125(3) has been filed by the respondents herein praying before the Court to direct the applicant herein to pay an amount of Rs. 60,000/- to the respondents on the basis of the order dated 05.09.2017 which was already been set aside by the learned Family Court. The applicant though has again appeared in the proceedings under Section 125 of the CrPC and had filed the written statement, the interim 4 application is yet not decided in the said matter till date. The learned Court has surprisingly allowed the application filed by the respondents and directed the applicant to pay the amount of Rs. 60,000/- on the premise that the order for set-aside of the order dated 05.09.2017 was passed on 12.04.2019, hence the husband is bound to pay the amount between the pending period of both the orders. Hence, this revision. 4. Learned counsel appearing for the applicant submits that the applicant is the husband of the non-applicant No.1 and father of the non-applicant No.2. It is further submitted that the application under Section 125 of CrPC was filed by the private respondent No.1 for grant of maintenance to her along with her child (respondent No.2) and the said application under Section 125 of CrPC was ordered as ex-parte on 05.09.2017, thereafter, the applicant was moved an application under Section 126(3) of CrPC before the learned Family Court for setting-aside the order dated 05.09.2017, and the order dated 05.09.2017 was set-aside on 12.04.2019, and the application under Section 125 of CrPC is already decided on 19.10.2022, and from the date of filing the application till 31st of December, 2024, the applicant has been regularly paying the maintenance as has been awarded by the learned Family Court. Hence, the applicant has to pay Rs. 60,000/- in total for a period when the ex-parte order was passed and the said amount shall be adjusted towards the final payment made by the applicant to the respondent No.1 and 2. 5. On the other hand, learned counsel for the respondents opposes 5 the submissions advanced by the learned counsel for the applicant and submits that the applicant has not paid the amount of maintenance till date from 1st of January, 2025, and the instant revision filed by the applicant/complainant is devoid of merits and is liable to be dismissed. 6. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 7. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the orders of the Family Court, it transpires that the application under Section 125 of CrPC was filed by the private respondent No.1 for grant of maintenance to her along with her child (respondent No.2) and the said application under Section 125 of CrPC was ordered as ex-parte on 05.09.2017, thereafter, the applicant moved an application under Section 126(3) of CrPC before the learned Family Court for setting-aside the order dated 05.09.2017, and the order dated 05.09.2017 was set-aside on 12.04.2019, the application under Section 125 of CrPC is already decided on 19.10.2022. In view of the same, the applicant has to pay Rs. 60,000/- in total for a period when the ex-parte order was passed and the said amount shall be adjusted towards the final payment made by the applicant to the respondent No.1 and 2. If any amount which has already been deposited by the applicant, the same shall be adjusted with the amount of Rs. 60,000/-. 8. Accordingly, the present revision is disposed of. 9. Registrar (Judicial) is directed to transmit a certified copy of this 6 order to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar