1 2025:CGHC:39498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 739 of 2024 Smt Kiranjyoti Telachi D/o Daulat Sahu Aged About 34 Years R/o Dumar Talaab, House No.01/462, Raipur, Thana Amanaka, Tehsil And Dist. Raipur ( C.G.). Presently Residing At Ward No. 04, Behind Sanjya Gandhi Nagar Paalika Balodabazar Thana And Tehsil District- Balodabazar District- Balodabazar-Bhatapara ( C.G.). --- Applicant versus Indradeep Telachi S/o Ramesh Kumar Telachi Aged About 38 Years R/o Dumar Talaab, House No. 01/462, Raipur, Thana Amanaka, Tehsil And Dist. Raipur C.G. Presently Residing At Air Force Station Vidar Thana Vidar District- Vidar ( Karnataka) --- Respondent CRR No. 743 of 2024 1. Minor Aardhya Telachi D/o Indradeep Telachi Aged About 11 Years Guardian Mother Smt. Kiran Jyoti Telachi, Age 34, W/o Indradeep Telachi R/o Dumar Talaab, House No. 01/462, Raipur, Thana Amanaka, Tehsil And Dist. Raipur (C.G.) Present R/o Ward No. 04, Behind Sanjay Gandhi Nagar Paalika Balodabazar Thana And Tehsil District Balodabazar District Balodabazar-Bhatapara (C.G.) 2. Minor Aarsh Telachi S/o Indradeep Telachi Aged About 5 Years Guardian Mother Smt. Kiran Jyoti Telachi, Age 34, W/o Indradeep Telachi R/o Dumar Talaab, House No. 01/462, Raipur, Thana Amanaka, Tehsil And Dist. Raipur (C.G.) Present R/o Ward No. 04, Behind Sanjay Gandhi Nagar Paalika Balodabazar Thana And Tehsil District Balodabazar District Balodabazar-Bhatapara (C.G.) ---Applicants PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.13 19:52:23 +0530 2 Versus Indradeep Telachi S/o Ramesh Kumar Telachi Aged About 38 Years R/o Dumar Talaab, House No. 01/462, Raipur, Thana Amanaka, Tehsil And Dist. Raipur (C.G.) Present R/o Air Force Station Vidar, Thana Vidar, Dist. Vidar (Karnataka) --- Respondent For Applicants/Wife and children : Smt. Kiranjyoti Telachi, applicant in person. For Non-applicant/Husband : Mr. Akash Shrivastava, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2025 1. This criminal revision has been filed by the applicant being aggrieved with the impugned orders dated 23.05.2024 and 04.05.2024 passed by the learned Family Court, Balodabazar- Bhatapara, (C.G.) in Misc. Criminal Case No.125/2023, whereby a meager amount of maintenance of Rs. 5,000/- per month has been allowed to the applicant in person/wife (Smt. Kiranjyoti Telachi) and the amount of Rs. 10,000/- per month (each) has been allowed to the children namely, Aardhya Telachi and Aarsh Telachi. 2. The brief facts of the case is that the marriage between the applicant Smt. Kiranjyoti Telachi and the non-applicant was solemnized on 11.05.2011 according to customary rites at Balodabazar, and out of the said wedlock, two children were born. After a few years of marriage, the non-applicant began consuming liquor and started treating the applicant and their minor children with cruelty. It is also undisputed that due to the harassment caused by the non-applicant, the wife/ Smt. Kiranjyoti Telachi filed a petition for 3 divorce, and a decree of divorce was granted by the competent court on 19.04.2023. The minor children are residing with the applicant/ Smt. Kiranjyoti Telachi. The applicants filed an application under Section 125 of the Cr.P.C. before the learned Family Court, and a meager amount of maintenance of Rs. 5,000/- per month has been allowed to the applicant in person/wife (Smt. Kiranjyoti Telachi) and the amount of Rs. 10,000/- per month (each) has been allowed to the applicants/children namely, Aardhya Telachi and Aarsh Telachi. 3. An additional affidavit has been filed in compliance of the Court’s order dated 29.07.2025 and the reply has also been filed by the non-applicant/husband through his counsel in CRR No.739/2024 and as per the affidavit filed by the applicant in person in the said case, the chart which has been annexed along with the affidavit through applicant in person, goes to show that the total amount outstanding which is to be paid by the non-applicant to the applicant in person is Rs. 69,900/-. It is stated that out of Rs. 1,30,000/-, Rs. 60,100/- has been received by the applicant in person from the non- applicant and Rs. 69,900/- is remaining balance. 4. Though the additional affidavit has been filed by the applicant in person/wife in the CRR No.739/2024, in compliance of the Court’s order dated 29.07.2025, it is stated that inadvertently she could not file the table chart showing the amount she has received for her two children who are applicants in CRR No.743/2024, and the amount which is outstanding, and she did not annex the same with the 4 affidavit and she has supplied the same to the learned counsel for the non-applicant and has produced a copy of the same today before this Court, and the same has been taken into record. 5. Learned counsel for the non-applicant has submitted that as per the affidavit filed by the applicant in person on 11.11.2024 in CRR No. 739/2024, it has been stated that the applicant in person has received Rs. 1,19,000/- to which the applicant in person/wife states that it was only the monetary help given by the non-applicant /husband for her as well as her two children namely, Minor Aardhya Telachi and Aarsh Telachi (applicants in CRR No.743/2024). 6. The applicant in person submits that the total amount which she has received from the allowance of the two minor children goes to show i.e. Rs. 7,88,314/- and out of the said amount, the applicant in person states that she has received Rs. 4,47,376/- and Rs. 3,40,938/- is remaining. To which learned counsel for the non- applicant submits that the said amount is due to the children of the non-applicant. Hence, he does not dispute the same, and submits that the non-applicant would pay the balance amount to the children (applicants in CRR No.743/2024). 7. It is further informed to this Court that the non-applicant was in the Air Force Service and he has retired from the service on 31.03.2025, but he is getting the pension and the applicant in person has pointed out that some loan has also been taken by the non-applicant, hence, the amount which is outstanding which should be paid to her and her children (applicants in CRR No. 743/2024) 5 by the non-applicant may not be recovered. The applicant is person has submitted that this matter was also subjudiced before the Family Court, but the said amount could not be paid to her because of non-cooperation of the non-applicant/husband. Hence, she prayed that the said amount may be ordered to be recovered from the pension and other retirement benefits of the non-applicant. 8. I have heard learned counsel for the parties and perused the materials available on record. 9. Considering the fact that the applicant in person is the wife of the non-applicant and she is having two children (applicants in CRR No. 743/2024) out of which one namely, Aarsh Telachi is the special challenged children with her, and the amount of Rs. 69,900/- which is said to be remaining balance, learned counsel for the non- applicant has also fairly submitted that the non-applicant will paid the same to her. 10. It is apparent that the total amount which she has received from the allowance of the two minor children (applicants in CRR No. 743/2024) goes to show i.e. Rs. 7,88,314/- and out of the said amount, the applicant in person states that she has received Rs. 4,47,376/- and Rs. 3,40,938/- is remaining. As the learned counsel for the non-applicant did not dispute the same, he has admitted that the non-applicant would pay the balance amount to her children. 11. As the non-applicant, namely, Indradeep Telachi who is the husband of the applicant in person was serving in the Air Force and 6 has already been retired from the service on 31.03.2025 and getting pension also, this matter was also subjudiced before the Family Court, but the said amount could not be paid to the applicant in person because of non-cooperation of the non-applicant/husband. Hence, the said remaining amount shall be recovered from the pension and other retirement benefits of the non-applicant, and be deducted through Air Force Department and the necessary instructions be given to the said authority in this regard. 12. In view of the same, the outstanding balance amounts of Rs. 69,900/- and Rs. 3,40,938/- which has been observed above, shall be deducted from the pension account of the non-applicant bearing Account No. 09721150024809 by the competent authority. 13. The competent authority concerned is directed to get the said amount deducted from the pension of the non-applicant and be transmitted into the SBI bank accounts of the applicant in person namely Smt. Kiranjyoti Telachi (applicant in CRR No.739/2024) and her children namely, Aardhya Telachi and Aarsh Telachi (applicants in CRR No.743/2024) bearing Account Nos. 00000040563713626, 41905627462, and 41905729951, respectively. 14. It is made clear that the present order which has been passed is with respect to the outstanding amount due to the applicant and her children, and further the non-applicant shall continue to pay the amount which has been ordered by the learned Family Court towards the maintenance to the applicant in person as well as her children (applicants in CRR No. 743/2024). Furthermore, the 7 amount of maintenance which was directed to be paid by the non- applicant to the applicant in person as well as both the children, shall also be deducted from the pension account of the non- applicant/husband, and be transmitted in the bank accounts of the applicant in person in CRR No. 739/2024 and applicants in CRR No. 743/2024 namely, Aardhya Telachi and Aarsh Telachi, respectively. 15. So far as the prayer for enhancement of the maintenance amount in the instant revisions (CRR Nos. 739/2024 and 743/2024) is concerned, as has been prayed by the applicant in person and her two children, I do not find any good ground for interference in the impugned orders passed by the learned family Court, and the prayer for enhancement of the maintenance amount is hereby refused. 16. With the aforesaid observations, both the revisions stand disposed of. 17. The original records of CRR No.739/2024 be transmitted to the Family Court concerned within a period of two weeks from today. 18. Let a copy of this order be transmitted to the Family Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti/Rajshekhar