1 2025:CGHC:38884 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 441 of 2023 Smt. Sarita Bharti W/o Suresh Kumar Bharti Aged About 33 Years Presently Aged About 33 Years, R/o Village Birra, Tahsil Champa District Janjgir Champa Chhattisgarh. ... Applicant versus Suresh Kumar Bharti @ Suresh Kumar S/o Late Kirtan Ram Aged About 35 Years Presently Aged About 35 Years, R/o Vill-Jorapali, Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh Presently Address Through Manager (Personnel) Manikpuri Colliery S.E.C.L. Korba, P.O. Korba District Korba Chhattisgarh. ... Non-applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-applicant : Mr. Nitansh Jaiswal, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/08 /202 5 1. Heard Mr. Ravindra Sharma, learned counsel for the applicant. Also heard Mr. Nitansh Jaiswal, learned counsel for the non-applicant. 2. The present petition has been filed by the applicant seeking following relief: “It is therefore prayed that this Hon'ble court may kindly be pleased to allow the revision and also RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 allow the application filed by the non-applicant/ husband for deduction of further maintenance amount from his salary account and may kindly be pleased to direct the employer of the respondent/husband i.e. S.E.C.L. Korba to deduct the monthly maintenance amount from his salary account and transfer the same in the bank account of the applicant/wife, in the interest of justice.” 3. It has been submitted by learned counsel for the applicant that the Family Court had directed the non-applicant, who is the husband of the applicant, to pay maintenance of Rs.9,000/- per month. As the non-applicant failed to comply with the said order, the applicant preferred an application under Section 125(3) of the Code of Criminal Procedure, 1973, seeking recovery of the arrears of maintenance. During the pendency of the said proceedings, affidavits were filed by both parties pursuant to order dated 15.12.2022, indicating settlement with respect to certain remaining and future maintenance dues; however, without considering or adjudicating the said affidavits, the Family Court, vide order dated 27.02.2023, quantified the recoverable arrears at Rs.1,48,000/-, caused recovery thereof, and closed the proceedings. 4. It is further submitted that the application arising out of the aforesaid affidavit is still pending and has not been decided by the Family Court. In the meantime, since recovery was effected only for the quantified arrears, the proceedings were closed without 3 adjudicating the claim for remaining and future maintenance amounts. It is further submitted that the non-applicant, being a resident of Jharkhand, is facing difficulty in personally depositing the monthly maintenance before the Family Court, Janjgir, District Janjgir-Champa, Chhattisgarh, and has prayed that necessary directions be issued for deduction of the monthly maintenance directly from his salary account for payment to the applicant. 5. In view of the aforesaid submissions, learned counsel for the parties are directed to move a fresh application before the learned Family Court within two weeks for recovery/payment of the outstanding maintenance amount as well as the future monthly amounts due. The learned Family Court, while considering such application, shall also take into account the affidavits already filed by both parties in the said proceedings and pass appropriate orders in accordance with law within one week from the date of filing of fresh application. 6. Accordingly, both the parties are directed to appear before the learned Family Court on 18.08.2025. 7. Consequently, the present revision petition stands disposed of. 8. Let a copy of this order be transmitted to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan