1 2025:CGHC:30939 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1106 of 2019 1. Smt. Sunita Yadav W/o Chhotulal Yadav Aged About 23 Years R/o Village - Latiya, Police Station - Akaltara, Presently Residing At Junadih, Police Station - Mulmula, Tehsil - Pamgarh District - Janjgir - Champa Chhattisgarh. 2. Shubh Yadav (Minor) S/o Chhotulal Yadav Aged About 2 Years 6 Moths, Mother Smt. Sunita Yadav , R/o Village - Latiya, Police Station - Akaltara, Presently Residing At Junadih, Police Station - Mulmula, Tehsil - Pamgarh, District - Janjgir - Champa Chhattisgarh. ... Applicants versus Chhotulal Yadav S/o Maniram Yadav Aged About 25 Years R/o Village - Latiya, Police Station And Tehsil - Akaltara, District - Janjgir - Champa Chhattisgarh. ... Respondent For applicants : Mr. R.L. Rajak, Advocate, on behalf of Mr. Atul Kumar Kesharwani, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.07.2025 1. Heard Mr. R.L. Rajak, learned counsel on behalf of Mr. Atul Kumar Kesharwani, appearing for the applicants. 2. The present petition has been filed by the applicants seeking following prayer:- “It is therefore, prayed that this Hon’ble Court may be pleased to allow the instant revision by allowing the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.09 10:35:44 +0530 2 applicants’ application under Section 125 of the Cr.P.C. and to set-aside the impugned order dated 16.08.2019 (Annexure A-1), in the interest of justice.” 3. As per office report, notice issued to the respondent has been served to him on 18.11.2019, but the respondent has not put in appearance. In view of the same, the Court proceeds to hear the matter. 4. Mr. R.L. Rajak, learned counsel on behalf of Mr. Atul Kumar Kesharwani, appearing for the applicants submits that the respondent and applicant No. 1 are legally wedded husband and wife. Out of the said wedlock, they have a son, namely Shubh Yadav, i.e., applicant No. 2. He submits that one month after the birth of applicant No. 2, the respondent/husband entered into a chudi marriage with another woman and thereafter started living with the said woman, leaving behind both the applicants. Applicant No. 1 had no option but to return to her parental home. Subsequently, the applicant filed an application under Section 125 of Cr.P.C., claiming maintenance from the respondent. He submits that the respondent was served with notice but chose not to appear in the case, and therefore, the proceedings were drawn ex parte against the respondent before the learned Family Court. 5. The learned Family Court rejected the application of the applicants on the ground that they had failed to prove their case and that there were contradictions between the pleadings and the evidence recorded before the Court. 6. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 7. From perusal of the order dated 16.08.2019 passed by the learned Family Court, it transpires that the application preferred by the applicants 3 herein under Section 125 of the CrPC for grant of maintenance before the Family Court, Janjgir, District Janjgir-Champa, was dismissed observing that the applicants failed to prove their pleadings as they did not provide documentary evidence regarding the respondent's ownership of all the properties. Similarly, sufficient evidence was not produced regarding living separately due to the second marriage. 8. Considering the evidence available on record and pleadings of the applicants, the order passed by the learned Family Court in respect of applicant No. 1 is just and proper, warranting no interference by this Court. 9. So far as applicant No. 2, a minor boy, is concerned, whom applicant No. 1 is taking care of, and the respondent, being the father, has a liability towards applicant No. 2. In such circumstances, in the interest of justice, it would be better to remand the matter back to the learned Family Court for deciding the matter afresh with respect to the maintenance of applicant No. 2. It is ordered accordingly. The matter, so far as it relates to applicant No. 2, is remitted back to the learned Judge, Family Court, Janjgir, District Janjgir-Champa (CG). 10. Accordingly, this revision stands disposed of. 11. Office is directed to send a copy of this order to the learned Family Court, forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek