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2025 DAILYLAW 17348 (CHH)

MRS. POOJA PANDEY v. CHANDRASHEKHAR PANDEY

CRR/464/2025 · 2025-04-11

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:17000 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 464 of 2025 1 - Mrs. Pooja Pandey W/o Mr. Chandrashekhar Pandey Aged About 34 Years R/o Present Address- In Front Of Manohar Hotel, Pacharighat, Juna Bilaspur, District Bilaspur (C.G.) 2 - Minor Yashika Pandey D/o Mr. Chandrashekhar Pandey Aged About 1 Years Through Natural Guardian Mother Mrs. Pooja Pandey, R/o Present Address- In Front Of Manohar Hotel, Pacharighat, Juna Bilaspur, District Bilaspur (C.G.) ... Petitioner(s) versus 1 - Chandrashekhar Pandey S/o Shailendra Pandey Aged About 35 Years R/o Sagardweep Colony, Phase 2, In Back Of Shyam Residency (Narayan Kunj) Uslapur, Tahsil Sakari, District Bilaspur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Nikhil Wadhwani, Advocate S.B.: Hon'ble Shri Ravindra Kumar Agrawal, Judge Order On Board 11/04/2025 1. The present is a petition under Section 19 (4) of the Family Courts Act against the order dated 06.03.2025 passed by learned Principal Judge, Family Court, Bilaspur in MJC No. 717/2024 whereby the learned Family 2 Court has granted interim maintenance amount of Rs. 4000/- per month to the petitioners. 2. The brief facts of the case are that the marriage between the petitioner No. 1 and the respondent was solemnized on 19.11.2019 and out of their wedlock, the petitioner No. 2 has born. After some time of marriage, dispute arose between the parties and ultimately the petitioners was allegedly thrown out from her matrimonial house and since 08/07/2024, they are residing in her parents house. On 05/08/2024, the petitioners have filed an application for grant of interim maintenance amount against the respondent before the learned family Court, Bilaspur in which it has been pleaded that the respondent is running a Bakery business from which he is earning Rs. 70000/--80000/- per month and the petitioners are living in starvation and dependent upon her parents and she claimed Rs. 45,000/- per month as maintenance amount. Along with the application, an application for grant of interim maintenance amount has also been filed by the petitioners before the learned family Court. 3. Replying the application of the petitioners, the respondent has submitted that the petitioner No. 1 is residing separately without any sufficient reason. Her behaviour with the respondent was not good and despite his efforts, she could not convenience and her behaviour could not be corrected. She threatened the respondent and her parents that they will be roped in any false case and they will be sent in jail. The petitioner No. 1 is a qualified engineer having B-Tech (Computer Engineering) degree and earning Rs. 60-70,000/- per month from her qualification and therefore, there is no need to pass any order of grant of interim maintenance. 3 4. The learned family Court after considering the material produced by the respective parties and hearing them and also in view of the judgment passed by Hon’ble Supreme Court in Rajnesh Vs. Neha reported in (2021) 2 SCC 324, has passed the order on 06.03.2025 and has granted interim maintenance amount of Rs. 3000/- per month to the petitioner No 1 and Rs. 1000/- per month to the petitioner No. 2 from the date of order. 5. The main application for grant of maintenance is still pending before the learned family Court. The quantum of maintenance is under the discretion of the learned family Court which has to be decided after considering the evidence produce before it. Any observation made at this stage, would does effect or prejudice the final outcome of the application filed by the petitioners. At this stage, I do not find any good ground to interfere in the order of interim maintenance or enhanced the same which is for the parties to lead evidence in respect of their respective claims during the trial of the case. 6. For the foregoing reasons, the present petition does not have any merit, liable to be and hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.04.16 10:59:40 +0530