1 2025:CGHC:17768 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1260 of 2025 1 - Purvesh Yadav S/o Mangru Yadav, Aged About 35 Years, Caste - Ahir, R/o Village - Pipraul, P.S. Ramanujganj, District Balrampur - Ramanujganj Chhattisgarh. ... Petitioner versus 1 - Prabhawati Yadav W/o Purvesh Yadav, Aged About 33 Years, R/o Pipraul Present Address Village Palgi, P.S. Trikunda, District Balrampur Ramanujganj Chhattisgarh. 2 - (Miner) Neelu Yadav S/o Purvesh Yadav, Aged About 6 Years Through Their Natural Guardian Mother Prabhawati Yadav, R/o Pipraul Present Address Village Palgi, P.S. Trikunda, District Balrampur Ramanujganj Chhattisgarh. 3 - (Miner) Rohit Yadav S/o Purvesh Yadav, Aged About 4 Years Through Their Natural Guardian Mother Prabhawati Yadav, R/o Pipraul Present Address Village Palgi, P.S. Trikunda, District Balrampur Ramanujganj Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rahul Mishra, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 17-04-2025 1. Heard on admission. 2. Challenge in the present petition is the order dated 13-12-2024 passed by the learned Sessions Judge Balrampur place Ramanujganj in Criminal Revision No.29/2024 whereby the criminal revision filed by the petitioner against the order dated 04-07-2024 passed by the learned Judicial Magistrate First Class Ramanujganj in MJC No.12/2018 has been affirmed. 3. Brief facts of the case are that, the present respondents are prosecuting an Digitally signed by MOHAMMAD AADIL KHAN 2 application under Section 12 of Domestic Violence Act, 2005 before the learned Judicial Magistrate First Class, Ramanujganj in which the order of grant of interim maintenance of Rs.5000/- has been passed in favour of the present respondents vide order dated 27-06-2022. During pendency of the proceeding before the learned Judicial Magistrate First Class Ramanujganj an application was again filed by the present respondents for enhancement of the maintenance amount granted to them. The said application of the present respondents has been dismissed by the learned trial Court vide its order dated 04-07-2024. The order dated 04-07-2024 passed by the learned trial Court was challenged by the present petitioner by filing Criminal Revision No.29/2024 before Sessions Judge Balrampur, place Ramanujganj which has also been dismissed vide order dated 13-12-2024 which is under challenge in the present petition. 4. Learned counsel for the petitioner would submit that earlier to the present case, the present respondents had filed an application under Section 125 of the Cr.P.C. in which their application for grant of interim maintenance was rejected by the learned trial Court and thereafter, they have filed their application in the domestic violence proceeding in which the learned trial Court has granted interim maintenance to the present respondents which is erroneous and the same is liable to be set aside. 5. I have heard learned counsel for the petitioner and perused the documents annexed with the petition. 6. From perusal of the impugned order would show that the petitioner had challenged the order dated 04-07-2024 passed by the learned trial Court in MJC No.12/2018 whereby the application for enhancement of the interim maintenance amount has been rejected. From perusal of the order dated 27- 06-2022 passed by the learned trial Court which is annexed at page No.20 of the present petition, it appears that while considering the application for grant of interim maintenance in domestic violence proceeding the trial Court has 3 granted Rs.5000/- per month as maintenance amount to the present respondents and the said order has not been challenged by the petitioner, but the order dated 04-07-2024 has been challenged by the petitioner in the revision. Since the said revision has been dismissed, the same has been challenged in the present petition. Considering that the original order dated 27-06-2022 passed by the learned trial Court by which the interim maintenance has been granted to the present respondents has not been challenged by him, I do not find any ground to interfere in the impugned order dated 13-12-2024 passed by the learned Sessions Judge, Balrampur, place Ramanujganj (C.G.) which arises from the order dated 04-07-2024 passed by learned trial Court. Accordingly, the present petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Aadil