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2025 DAILYLAW 30252 (CHH)

MRS. MONIKA BAGHEL (PET. IN PERSON) v. PRAVEEN SINGH BAGHEL

CRR/900/2024 · 2025-07-02

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:30234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 903 of 2024 Mrs. Monika Baghel W/o Praveen Singh Baghel Aged About 32 Years R/o Govt. Residence C/78, Htps Colony, Darri, Korba (C.G.) Pin Code 495450 --- Applicant versus Praveen Singh Baghel S/o Late B.R. Baghel Aged About 32 Years Office Address - Assistant Engineer, O/o S.E. (Ash Handling)-I, Htps, Korba West. Pin Code 495450. --- Respondent Along with CRR No. 900 of 2024 Mrs. Monika Baghel W/o Praveen Singh Baghel, Aged About 32 Years R/o Govt. Residence C/78, Htps Colony, Darri, Korba (C.G.). Pin Code- 495450. ---Applicant Versus Praveen Singh Baghel S/o Late B.R. Baghel, Aged About 32 Years Office Address- Assistant Engineer, O/o S.E. (Ash Handling)-I, Htps, Korba West. Pin Code-495450. ---- Respondent For Applicant : Mr. Ramsajiwan, Advocate. For Respondent : None. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.07.2025 1. Heard Mr. Ramsajiwan, learned counsel appearing for the applicant. None appears for the respondent. 2. The order dated 21.06.2024 passed by the learned Family Court, Durg in Misc. Criminal Case No. 845/2021, in presence of the respondent by which the learned Family Court, Durg directed the respondent to pay Rs. 14,000/- per month to the applicant, and when the same was not paid by him, the learned Family Court issued warrants for levy of unpaid maintenance again, the respondent was to pay amount as arrears Rs. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 1,14,000/- and 65,000/- out of which the respondent has already paid the amount of Rs. 40,000/- and 5,000/- towards maintenance, and the rest amount has not been paid by him. Therefore, the applicant has filed these criminal revisions for recovery of the rest amount. 3. The facts, in brief, is that the learned Family Court, Durg, on the basis of the compromise of the applicant and the respondent, disposed of the application under Section 125 of CrPC filed by the applicant, and awarded maintenance amount of Rs. 14,000/- per month which should be paid by the respondent to the applicant. The applicant thereafter on passing of the said order by the learned Family Court, the applicant had filed one application of recovery of maintenance amount awarded to her, but till date the applicant has not received maintenance amount. The applicant is the poor lady, and not having any source of income therefore, she is facing a lot of hurdle to fulfill her basic needs and two applications of the applicant for recovery of the maintenance amount is pending before the learned Family Court, but till date her case has not been decided. Hence, this application. 4. Learned counsel appearing for the applicant submits that the maintenance which was awarded to the applicant by the learned Family Court has not been paid by the respondent till date, and out of the arrears of the maintenance amount Rs. 1,14,000/- and Rs. 65,000/-, only Rs. 40,000/- and Rs. 5,000/- has been paid by the respondent. It is further submitted that the rest amount has not been paid to her for which he has approached the learned Family Court, but no any steps have been taken for the same. Hence, the applicant has come up before this Court for recovery of the said amount. 5. I have heard learned counsel for the applicant, perused the pleadings 3 and documents appended thereto. 6. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the impugned order passed by the learned Family Court, it transpires that the maintenance which was awarded to the applicant by the learned Family Court has not been paid by the respondent till date, and out of the arrears of the maintenance amount Rs. 1,14,000/- and Rs. 65,000/-, only Rs. 40,000/- and Rs. 5,000/- has been paid by the respondent, and for recovery of the rest amount, the applicant had also approached the learned Family Court but no any steps have been taken for the same. Hence, the learned Family Court is directed to ascertain whether any amount of maintenance of the applicant is outstanding against the respondent, and if so, then the learned Family Court shall proceed with the matter in accordance with law. 7. In view of the above, the present revision is disposed of. 8. 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