1 2025:CGHC:13025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 989 of 2025 Rajesh Shrivastava S/o Late Shri Ramashankar Shrivastava Aged About 62 Years R/o Quarter No. R-20, Pragati Vihar Colony, Patan Road, Amleshwar, Tehsil - Patan, Distt - Durg Chhattisgarh Mobile No. - 9300633634 ... Petitioner versus Smt. Pallavi Shukla ( Shrivastava) W/o Rajesh Shrivastava Aged About 46 Years R/o Near Warehouse, Ganjpara, Balod, Thana/Tehsil/Distt - Balod Chhattisgarh Mobile No. - 9893633605 ... Respondent For Petitioner : Shri Shivam Agrawal, Advocate. Hon'ble Shri Justice Arvind Kumar Verma Order on board 19/03/2025 1. Instant CRMP has been filed seeking following prayer:- “(i) This Hon'ble Court may kindly be pleased to direct the Id. Court below to adjudicate upon & decide the Misc. Criminal Cases No. 134/2023 which is long pending since 26.06.2023 before the Court of ld. Judge, Family Court, Balod, Distt. Balod (C.G.) in pursuance of the application GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.26 12:00:57 +0530 2 filed by the petitioner husband under Section 127 of the CrPC, in a timely and expeditious manner, preferably within a stipulated time period of 3 months. (ii)This Hon'ble Court may kindly be pleased to grant any other relief in favor of the petitioner husband, as this Hon'ble Court deems fit & proper, in the interest of justice.’’ 2. Facts of the case as projected by the petitioner are that the respondent wife had filed the application u/s 125 Cr.P.C before the First Additional Principal Judge, Family Court, Balod (C.G.) seeking maintenance from her petitioner husband which application was decided by the National Lok Adalat Khand Peeth Kramank 02, Balod vide the Order dated 14.05.2022 and the petitioner husband was directed to pay to the respondent wife a sum of Rs. 16000/- per month as the maintenance amount. In compliance of the afore-stated Order dated 14.05.2022 the petitioner husband has been continuously paying to the respondent wife a sum of Rs. 16000/- per month as the maintenance amount, but however, he has filed an application u/s 127 of CrPC before the learned Family Court below thereby praying that due to change of circumstances the Order passed by the First Additional Principal Judge, Family Court, Balod (C.G.) dated 14.05.2022 is liable to be altered/cancelled/nullified. On 09.04.2023 the petitioner husband got to know that his respondent wife is staying with one another man named Salim Chauhan in Room No. 112 of Hotel M.P. Inn, Tatibandh, Raipur, the complaint of which he made to the P.S. Amanaka, Raipur and during the 3 investigation, the Thana In charge recorded the statement of Salim Chauhan who admitted he has been living in live-in relationship with the respondent -wife of the petitioner husband. In the past the respondent wife has submitted a complaint before the Inspector General of Police, Raipur in which she herself has stated that she has been serving as Guest Lecturer(Professor) in different Colleges and that at the same time she has been receiving the maintenance amount from the petitioner husband. Furthermore, in her afore referred complaint, the respondent wife has also mentioned about her instances with Salim Chauhan in Hotel M.P. Inn, Tatibandh, Raipur which serves as an evidence to the effect that she has been living in live-in relationship with Salim Chauhan for about last 10 years. Being aggrieved of the fact that the respondent wife has been abusing the process of law and illegally extorting money out of the petitioner husband he has filed the application dated 26.06.2023 u/s 127 CrPC before the learned Judge of Family Court, Balod in which he has prayed for the alteration and/or cancellation of the Order dated 14.05.2022 passed by the First Additional Principal Judge, Family Court, Balod (C.G.). 3. Learned counsel for the petitioner submits that the petitioner has filed this CRMP with a limited prayer seeking timely and expeditious adjudication of Misc. Criminal Case No. 134/2023 which is long pending since 26.06.2023 before the Court of learned Judge, Family Court, Balod, Distt. Balod (C.G.) in 4 pursuance of the application filed by the petitioner husband under Section 127 of the CrPC. 4. Considering the limited prayer which the petitioner has prayed for in this petition, learned Judge, Family Court, Balod, Distt. Balod is directed to expedite the proceeding of the Misc. Criminal Case No.134/2023 which is pending since 26.06.2023 as soon as possible within a period of six months from today, if there is no legal impediment. 5. With such direction, instant CRMP stands disposed of. Sd/- (Arvind Kumar Verma) JUDGE gouri