Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:36834
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1546 of 2023 1 - Vikas Chourasia S/o Late Shri P.L. Chourasia, Aged About 45 Years Working In Public Works Department Division No. 1 Bilaspur As Field Assistant, R/o Mig/ A-4, Parizat Colony, Police Station Civil Line, Tehsil And District Bilaspur Chhattisgarh
... Petitioner versus 1 - Smt. Jagriti Tiwari W/o Shri Vikas Chourasia Aged About 39 Years R/o Baima Nagoi, Police Sarkanda, Tehsil And District Bilaspur Chhattisgarh. Presently Residing At- Quarter No. H/33, Nutan Colony, Seepat Road, Police Station Sarkanda, Tehsil And District Bilaspur Chhattisgarh. 2 - Ku. Khushi Chourasia Aged About 1.5 Years (Minor) Through Guardian Mother Smt. Jagriti, R/o Baima Nagoi, Police Sarkanda, Tehsil And District Bilaspur Chhattisgarh. Presently Residing At- Quarter No. H/33, Nutan Colony, Seepat Road, Police Station Sarkanda, Tehsil And District Bilaspur Chhattisgarh.
... Respondents For Petitioners : Mr. Aman Tamboli, Advocate. For Respondents : Mr. Shalvik Tiwari, Advocate.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board 29/07/
2025
SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.31 17:03:42 +0530
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1. The present petition under Section 482 of the Code of Criminal Procedure (CrPC) challenges the order dated 14.06.2023, passed by the learned Principal Magistrate, Family Court, Bilaspur, Chhattisgarh, in MJC No. 751/2022. By the impugned order, the learned court rejected the application filed by the petitioner under Section 91 of the CrPC solely on the ground of delay, prompting the petitioner to file this petition.
2.
Learned counsel for the petitioner submits that Respondent No. 1 has been employed as a staff nurse at CIMS Hospital since before her marriage and, despite this, she has sought maintenance of 60,000 per month. It is further submitted that ₹ the respondent wife has furnished a false affidavit regarding her income. The petitioner filed an application under Section 91 of the CrPC to obtain the salary slips of the respondent wife, which would demonstrate that she earns more than the petitioner and has made a false claim for maintenance. However, the trial court rejected the said application. It is contended that the production of the respondent's salary slips would conclusively establish the veracity of the petitioner's claim. Therefore, it is prayed that the petition be allowed, the impugned order dated 14.06.2023, be set aside, and the respondent be directed to produce her latest salary slip.
3.
Learned counsel appearing on behalf of the respondents has graciously agreed to produce the latest salary slip of respondent No. 1.
4. I have heard learned Counsel appearing for the parties and
3 perused the documents annexed with the petition including the
order sheets of the Trial Court.
5. The application filed by the respondents under Section 125 of the CrPC for maintenance has been pending adjudication since
2022. Given that the salary slip of the respondent/wife is a crucial factor in determining the maintenance claim, the respondent/wife is hereby directed to produce her latest salary slip before the trial court within a period of 30 days from today.
6. Accordingly, with the aforesaid direction and upon recording the submission made by the counsel for the respondent, the present petition stands disposed of. The trial court is directed to expedite the trial and conclude the proceedings expeditiously upon receipt of the respondent's latest salary slip.
7. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Sourabh P. Judge