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2025 DAILYLAW 15847 (CHH)

SMT. KAVITA SINHA v. TIKESHWAR SINHA

CRMP/1255/2025 · 2025-04-09

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:16786 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1255 of 2025 1 - Smt. Kavita Sinha W/o Tikeshwar Singh Aged About 36 Years R/o Q. No. 2b, Sadak No. 18, Nandini Nagar Ahiwara, Police Station Nandan Nagar, Tahsil Dhamdha District Durg Chhattisgarh, Present Address Village Jheet, District Durg, Chhattisgarh 2 - Chaitanya Sinha S/o Tikeshwar Sinha Aged About 10 Years Minor Through The Legal Guardian Smt. Kavita Sinha R/o Q. No. 2b, Sadak No. 18, Nandini Nagar Ahiwara, Police Station Nandan Nagar, Tahsil Dhamdha District Durg Chhattisgarh, Present Address Village Jheet, District Durg, Chhattisgarh 3 - Harshit Sinha S/o Tikeshwar Sinha Aged About 3 Years Minor Through The Legal Guardian Smt. Kavita Sinha R/o Q. No. 2b, Sadak No. 18, Nandini Nagar Ahiwara, Police Station Nandan Nagar, Tahsil Dhamdha District Durg Chhattisgarh, Present Address Village Jheet, District Durg, Chhattisgarh ... Petitioners versus Tikeshwar Sinha S/o Kartik Sinha Aged About 40 Years R/o Village No. 89, Bazarpara, Ward No. 6, Devri, District Dhamtari Chhattisgarh. ... Respondent For Petitioners : Mr. Tapan Kumar Chandra, Advocate For Respondents : Ms. Sweksha Sharma, Advocate on behalf of Mr. Prasson Agrawal, Advocate (Hon’ble Shri Justice Arvind Kumar Verma, Judge) Order on Board 09/04/2025 1) Heard. 2) This CrMP is filed for modification of order dated 12.03.2025 passed by this Court in CrMP No. 909 of 2025. 2 3) Learned counsel for the petitioners submits that initially a CRR No. 487 of 2022 for enhancement of amount of maintenance to wife and to each minor children was filed which was allowed vide order dated 21.02.2025. The total sum of Rs. 14,000/- per month was awarded, but when the order was uploaded, maintenance amount was typed as Rs. 13,000/- only. Thereafter, the petitioners filed CrMP No. 909 of 2025 seeking rectification of the typographical error which was allowed by order dated 12.03.2025. When the order was uploaded the maintenance amount has been enhanced from 13,000/- to 14,000/-, but the word “from the date of application” is again missing. The mistake is bonafide and deserves to be rectified. 4) On perusal of the order dated 21.02.2025 passed by this Court in CRR No. 487 of 2022 as well as the Order dated 12.03.2025 passed by this court in CRMP No. 909 of 2025, this Court finds although the amount has been enhanced to Rs. 14,000/- in CrMP No. 909 of 2025 but the word “from the date of application of interim maintenance”has been missed. 5) Therefore, looking to the impugned order dated 21.02.2025 as well as 12.03.2025, this court is finds that the submission of the learned counsel for the petitioners is genuine, hence there is need of modifying the impugned order 12.03.2025 and now the para 05 of the said order would now be read as under:- “5)Consequently, looking to the submission made by the counsel for the petitioner as well as after perusing the order passed by this court vide order dated 21.02.2025 it is directed that the 3 amount Rs. 13,000/- mentioned in para 06 of order dated 21.02.2025 shall now be read as Rs. 14,000/-(Rs. 3,500/- each to applicant no. 2 and 3 and Rs. 7,000/- instead of Rs. 6,000/- to applicant no. 1 thus a total of Rs. 14,000/-)from the date of application of interim maintenance ”. 6) Accordingly, CrMP stands disposed of. 7) A copy of this order shall be made part of Crr No. 487 of 2022 dated 21.02.2025 as well as CRMP No. 909 of 2025 dated 12.03.2025. 8) CC as per rules. sd/- (Arvind Kumar Verma) JUDGE alfiza