1 2025:CGHC:27053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 743 of 2025 Dileshwar Sahu S/o Subhash Sahu Aged About 40 Years Occupation - Business, R/o Village Bade Kapartunga, Baramkela, District Sarangarh - Bilaigarh (C.G.). ... Applicant versus 1 - Smt. Hemlata Sao W/o Dileshwar Sahu Aged About 27 Years Occupation - Housewife, R/o Village Bade Hardi, Tahsil Pusaur, District Raigarh (C.G.). 2 - Minor Riyansh Sao S/o Dileshwar Sahu Aged About 2 Years Through Legal Guardian Smt. Hemlata Sao, R/o Village Bade Hardi, Tahsil Pusaur, District Raigarh (C.G.). ... Non-applicant For Applicant : Mr. Ravi Kumar Banjare, Advocate For Respondent : None present. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.06.2025 1. Heard Mr. Ravi Kumar Banjare, learned counsel appearing for the applicant. 2. This Criminal Revision has been preferred by applicant/husband under 2 Section 19 (4) of The Family Courts Act, 1984 challenging the impugned order dated 29.04.2025 passed by the Judge, Family Court, Raigarh, District – Raigarh (C.G.) in Cr. M.J.C. No. F-51/2024, whereby the learned Family Court, Raigarh, District – Raigarh has closed opportunity of the applicant / husband to adduce evidence in his defence due to non-payment of interim maintenance amount of Rs. 4,000/- by him to non-applicants, as ordered by the Family Court on 07.10.2024. 3. Facts of the case, in nutshell, are that marriage of the applicant/husband was solemnized with non-applicant/wife on 02.05.2019 as per Hindu customs and rituals and they have been blessed with male child, aged about two years at present. At the time of marriage, parents of the non-applicant No. 1 / wife gave Stridhan, ornaments and clothes to the applicant/husband and his family. After some time of the marriage, the applicant and his family members started harassing physically and mentally to the non-applicant No. 1 and out of such humiliation & frustration, she left the house of applicant/husband and residing with her parents alongwith her minor child. It is stated hat she has no source of income to earn her livelihood, therefore, non-applicant No. 1/wife and her minor son filed an application under Section 125 of Cr.P.C. seeking maintenance from the applicant/husband before the learned Family Court Raigarh, which was registered as Cr.M.J.C. No. F-51/2024, in which, after issuance of notice to the present applicant, he submitted his reply, thereafter, the Family Court has ordered to grant interim maintenance to the non- applicats to the tune of Rs. 4,000/- vide order dated 07.10.2014 against 3 the applicant, but the applicant till date not given any maintenance to the applicant. Thereafter, non-applicant was granted last opportunity to pay interim maintenance amount on 12.02.2025. Despite that, till no amount of interim - maintenance has been paid to the non-applicant, therefore, learned trial Court, in view of the judgment rendered by the Apex Court in the matter of Rajneesh Vs. Neha reported in (2021) 2 SCC 324, has closed the opportunity of applicant to adduce evidence in his defence, due to non-payment of interim maintenance by the applicant and fixed the case on 13.05.2025 for non-applicants' evidence. Hence, this revision. . 4. Learned counsel appearing for the applicant submits that the interim maintenance was granted in favour of the non-applicants No. 1 and 2 by the Family Court, Raigarh vide order dated 07.10.2014 to the tune of Rs. 4000/- per month. He submits that since applicant/husband is said to have defaulted in payment of interim maintenance, therefore, the Family Court has closed the opportunity of the applicant to adduced evidence in his defence. He submits that the applicant has deposited the interim maintenance of Rs.4,000/- on 18.02.2025 once only, so far as balance payment is concerned he stated that he is ready to deposit the same, therefore, it is prayed that this revision may be allowed by setting aside the order dated 29.4.2025 and granted opportunity to the applicant to adduce evidence in his defence. 5. None appears for the respondent to argue the case. 6. I have heard learned counsel for the petitioner and perused the order- sheets annexed with the memo of revision. 7. In view of the submissions made by counsel for the applicant /husband, 4 it is ordered that the applicant shall deposit the balance amount of interim maintenance before the Family Court for respondent Nos. 1 and 2 to the tune of Rs. 4,000/-pm, thereafter the Family Court will re-open the matter and allow the present applicant to lead his evidence in his defense and the matter shall be decided in accordance with law expeditiously . However, if the applicant fails to deposit the balance amount within the period of two weeks from today, the matter would be consigned to the record. 8. With the aforesaid observations & directions, the criminal revision stands 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 amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.26 20:28:44 +0530