1 2025:CGHC:34949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 884 of 2025 Hariom Sahu S/o Late Shri Laxmichand Sahu Aged About 32 Years R/o Panch Ghar Gali No. 05, Chandangaon Pathadhana Road Chhindwada (Madhya Pradesh) Present Address - Ubhegaon Khajari District -Chhindwada (Madhya Pradesh) ... Applicant versus Smt. Bindu Sahu Aged About 30 Years W/o Shri Hariom Sahu R/o Diprapara Durg Tahsil And District Durg (C.G.) ... Respondent For applicant : Mr. Rishi Rahul Soni, Advocate along with Ms. Laxmeen Kashyap, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2025 1. Heard Mr. Rishi Rahul Soni, learned counsel along with Ms. Laxmeen Kashyap, learned counsel, appearing for applicant. 2. The present petition has been filed by the applicant seeking following prayer:- “It is therefore, respectfully prayed that the Hon’ble Court may kindly be pleased to allow this revision and further be pleased to set-aside the impugned order dated 13.03.2025 and 06.05.2025 passedc by the Learned Principal Judge, Family ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.24 11:09:29 +0530 2 Court, Durg (C.G.) in Cri. M.J.C. No. 486/2023 and furthermore the application filed by the respondent(the applicant) for closing defense opportunity of the petitioner (the non-applicant) may kindly be rejected/dismissed, in the interest of justice.” 3. Brief facts of the case are that on 11.04.2023, an application under Section 125 of the Code of Criminal Procedure, 1973, was filed by the respondent and the same was registered as Cr.M.J.C. No. 486/2023, claiming maintenance of Rs. 40,000/- per month from the applicant herein. A copy of the application under Section 125 of the Code of Criminal Procedure, 1973, is annexed herewith as Annexure P/2. 4. An application was preferred by the respondent, praying for a direction to the applicant to furnish the address of his workplace. A copy of the application preferred by the respondent seeking a direction to the applicant to furnish the address of his workplace is annexed herewith as Annexure P/3. On 26.09.2024, the applicant submitted his reply to the application (Annexure P/3) preferred by the respondent. A copy of the reply is annexed herewith as Annexure P/4. 5. On 13.11.2024, the application (Annexure P/3) preferred by the respondent was allowed, and the applicant was directed to furnish the address of his workplace on the next date of hearing. On 13.03.2025, an application was preferred by the applicant seeking discharge from the obligation to furnish the address of his workplace. On the same day, i.e., 13.03.2025, the said application was heard, and the applicant was directed to furnish the address of his workplace on the next date of hearing, failing which the defence opportunity was to be treated as closed automatically. 3 6. On 06.05.2025, an application was preferred by the respondent seeking closure of the defence opportunity of the applicant. A copy of the said application is annexed herewith as Annexure P/5. On the same day, i.e., 06.05.2025, learned Principal Judge, Family Court, Durg (C.G.), passed an order in Cri.MJC No. 486/2023, whereby the application (Annexure P/5) preferred by the respondent was allowed, and the defence opportunity of the applicant was closed. A copy of the order sheet from 13.11.2024 to 06.05.2025 is annexed herewith as Annexure P/1. Hence, this revision. 7. Learned counsel for the applicant submits that the applicant intends to furnish the address of his workplace to the concerned Family Court within a period of 10 days and also intents to pay a sum of Rs. 40,000/- to the respondent, which is outstanding as interim maintenance. Therefore, he prays that the impugned orders dated 13.03.2025 and 6.5.2025 passed by the Family Court, Durg (C.G.) deserve to be set- aside. 8. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 9. Considering the fact that the respondent who is wife of the present applicant has filed an application for maintenance way back in the year 2023, and it is stated that interim maintenance was also granted to the respondent, in which Rs. 10,000/- has also been paid to her and the said fact has been reflected from the order-sheet dated 10.02.2025 of the concerned Family Court, it is further stated by learned counsel for the applicant that there is outstanding amount of Rs. 40,000/- towards interim maintenance which is to be given to the respondent, in the interest of justice, the applicant is directed to deposit the same before the concerned Family Court within a period of two weeks from today as a 4 statement has been made before this Court. It is further directed that the applicant shall pay a sum of Rs. 10,000/- to the respondent for permitting the applicant to cross-examine the respondent. 10. In view of the above, the present criminal revision is allowed and the orders dated 13.03.2025 and 6.5.2025 passed by learned Principal Judge, Family Court, Durg (C.G.) in Cri. M.J.C. No. 486/2023 are hereby quashed, subject to the condition that the applicant will deposit the amount as ordered above. The concerned Family Court is directed to conclude the proceedings under Section 125 of the Cr.P.C., within a period of two months from the production of certified copy of this order. 11. Office is directed to send a copy of this order to the learned Family Court, forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek