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2025 DAILYLAW 13727 (CHH)

TILESHWAR SINGH v. ALKA KUMARI

CRR/418/2025 · 2025-04-02

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:15538 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 418 of 2025 1 - Tileshwar Singh S/o Gorelal Aged About 26 Years Caste- Gond R/o Village- Nawapara (Dabhra), Thana Malkharoda, Tehsil - Malkharoda, Distt- Sakti (C.G) ... Applicant(s) versus 1 - Alka Kumari W/o Tileshwar Singh Aged About 23 Years Nil 2 - Minor Himanshi D/o Tileshwar Singh Aged About 1 Years Through Legal Guardian (Mother) Alka Kumari W/o Tileshwar Singh Caste- Gond, R/o Labed (Ramabhata) Thana Urga, Tehsil Barpali, Distt- Korba (C.G) ... Respondent(s) For Applicant(s) : Mr. Sudhir Sharma, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 02/04/2025 1. The matter has been listed on default that the applicant has not affixed ten rupees court fees in his application. 2. The applicant is directed to remove the default during the course of the day. 3. Heard the petition on merits. 2 4. This is the petition under Section 19(4) of the Family Court Act filed by the applicant against the order dated 04.12.2024 passed by learned Family Korba in Case No. 99/2024 whereby the learned Family Court, Korba has granted interim maintenance to the respondent No.1 as Rs. 2500/- and respondent No. 2 as Rs. 1500/- as interim maintenance which is payable from the date of order. There is no document of either application or reply of the applicant and non-applicant have been filed along with the petition. From the order dated 04.12.2024, it reflects that there is a matrimonial dispute between the petitioner and the respondent No.1 by which the respondent No.1 along with the respondent No.2 residing in her parent's house and she filed an application under Section 125 of Cr.P.C. for grant of maintenance amount along with the application an application for grant of interim maintenance. Notices have been issued to the present applicant and he filed the reply of the application and raised allegation that the respondent No.1 is residing separately without any sufficient reason, however, he does not dispute that the respondent no. 1 is his wife and respondent No. 2 is his daughter. After hearing the parties and considering the socio economic status of the parties the learned family Court has granted Rs. 4,000/- as interim maintenance to the present respondents and fixed the case for recording evidence of the parties. 5. This is an order under challenge with respect to the grant of interim maintenance amount and the merits of the case yet to be considered by the learned trial Court for which the evidence is required. The application under Section 125 of Cr.P.C. is meant for grant of immediate relief to the wife and children who are destitute and in need of financial as well as moral support. Any interference at this stage 3 would does affect the merits of the case and the quantum of maintenance as well as entitlement are to be decided by the learned Family Court after recording evidence of the parties. At this stage, I do not find any sufficient ground to interfere with the impugned order which reflects to the grant of interim maintenance amount. 6. Consequently, the criminal revision does not have any merits and liable to be and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.04.03 19:36:45 +0530