1 2025:CGHC:26861 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 58 of 2022 Shekhar Dewangan S/o Madholal Dewangan Aged About 30 Years Caste - Koshta R/o Krishna Nagar, Shastri Chowk, Ward No. 3, Supela, Bhilai, Police Station - Supela, Tahsil And District - Durg Chhattisgarh. ... Applicant versus Smt. Duleshwari Dewangan W/o Shekhar Dewangan, Aged About 28 Years Caste - Koshta, R/o Krishna Nagar Shastri Chowk, Ward No. 3, Supela, Tahsil And District - Durg Chhattisgarh. ---- Respondent For Applicant : Mr. Shikhar Sharma, Advocate. For Respondent : None. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.06.2025 1. Heard Mr. Shikhar Sharma, learned counsel the applicant. None appears for the respondent. 2. This Criminal Revision is being aggrieved of the impugned order dated 18.11.2021 passed by the learned Second Additional Principal Judge, Family Court, Durg, District – Durg (C.G.) in Case No. 1280/2019, whereby the learned Family Court, Durg, District – Durg, partly allowed the application for grant of interim maintenance and directed the applicant to pay Rs. 2,000/- per month to the non- applicant as interim maintenance. 3. The facts, in brief, is that the non-applicant filed an application RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 under Section 125 of Cr.P.C. before the Family Court, Durg along with an application for grant of interim maintenance, stating therein that the marriage of applicant and non-applicant was solemnized on 27.04.2015 and after marriage she went to the house of applicant for performing matrimonial obligations, but after marriage, she came to know that the applicant is having relation with other lady and the applicant used to talk with the said lady through phone and on being objected by the non-applicant, then the applicant started beating her. The applicant used to consume liquor and assaulted the non- applicant. On 08.09.2019, the applicant left the non-applicant in her parental house and since then the applicant has not taken back to her in the matrimonial house. It was further submitted by the non- applicant that there is no source of her income and the applicant is not giving single penny towards maintenance of the non-applicant, therefore, she filed application for maintenance. After serving notice, the applicant herein filed reply, whereby denied the allegation except the admitted fact and submitted that he has no relation with any other lady and unnecessarily the non-applicant used to doubt upon the applicant that he is having relationship with other lady. It was further specifically stated that the applicant is ever ready and willing to keep the non-applicant with him and he has filed an application under Section 9 of Hindu Marriage Act for restitution of conjugal rights, which itself reflected that the applicant is ready and willing to keep the non-applicant with him. The non- applicant is living separately without any reasonable cause, therefore, she is not entitled to get any maintenance. After hearing 3 both the parties, vide impugned order dated 18.11.2021, the learned Family Court has partly allowed the interim application and directed the applicant to pay Rs. 2000/- per month to the non- applicant and further directed the applicant to pay the interim maintenance of Rs. 2000/- to the non-applicant from the date of application. Hence, this revision. 4. Learned counsel appearing for the applicant submits that the applicant is the husband of the non-applicant, and an application under Section 125 of the CrPC was filed by the non-applicant along with the application for interim maintenance, and the interim maintenance to the tune of Rs. 2,000/- per month has been awarded by learned Family Court to be granted by the applicant to the non-applicant, and the applicant is paying the said amount. It is further submitted that the next date fixed by the learned Family Court for deciding the matter is 25.06.2025. It is further submitted that the impugned order dated 18.11.2021 is bad in law, perverse, arbitrary, erroneous, therefore liable to be set-aside. 5. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 6. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the orders of the Family Court, it transpires that no any good ground has been raised on merits by the applicants’ side, and though it is stated that the applicant is paying the interim maintenance of amount Rs. 2,000/- per month to the non-applicant but there appears to be no such 4 averment made or any documentary evidence to show the said fact and the next date fixed by the learned Family Court for deciding the matter is 25.06.2025, thus, it is clear that after considering all the materials and after applying mind the learned Second Additional Principal Judge, Family Court, Durg, District – Durg (C.G.) has passed the impugned judgment and order dated 18.11.2021 in Case No. 1280/2019, whereby the learned Family Court, Durg, District – Durg, partly allowed the application for grant of interim maintenance and directed the applicant to pay Rs. 2,000/- per month to the non-applicant as interim maintenance, and there is no illegality and infirmity while passing the same. 7. Accordingly, the prayer made to quash the impugned order is refused. 8. However, the present revision is disposed of with the direction that the concerned Family Court is at liberty to conclude the proceedings under Section 125 of CrPC, preferably within a period of three months from today, if there is no any legal impediment. 9. Registrar (Judicial) is directed to transmit a certified copy of this order to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar