1 2025:CGHC:11916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 984 of 2021 1 - Dr Arvind Sharma S/o Dayaram Sharma Aged About 57 Years R/o In Front Of Shiv Mandir, Chand Mandir, Basatpur, Rajnandgaon, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Applicant(s) versus 1 - Smt. Kiran Sharma W/o Arvind Sharma Aged About 40 Years R/o C/o M.S. Dange, Azad Chowk, Mandipara, Raipur, Civil And Revenue District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Shobit Koshta, Advocate For Respondent(s) : Ms. Sakshi Chhabra Advocate on behalf of Shri Malay Shrivastava, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 05/03/2025 Present revision arises out of the impugned order dated 01.10.2021 passed by the learned Additional Presiding Officer, Family Court Raipur in Case No. 44/2011 whereby the learned Family Court has allowed the application filed by the respondent under Section 125(3) Cr.P.C. and has awarded Rs. 5000/- each, per month as 2 maintenance amount in favour of the respondent and two children. 2. Brief facts of the case are that on an application filed by the non- applicant under Section 125 Cr.P.C., after recording the evidence of the parties, the Family Court has directed the applicant to pay Rs. 5,000/- each to his wife and children as the respondent is a legally wedded wife of the applicant and out of their wedlock, two children were born. 3. Respondent/Wife has filed application under Section 125(3) Cr.P.C. claiming execution of the maintenance amount for the year 2008 to 2012. In reply to this, the applicant has submitted a detailed reply along with receipts of maintenance amount deposited in the Court and other bank details showing the transfer of the maintenance amount and had also filed application under Order 11 rule 12 CPV requesting the respondent to provide the documents with regard to the amount paid by the applicant. Vide order dated 24.08.2016, the learned Family Court has dismissed the application under Section 125(3) Cr.P.C (Annexure A/1). The said order was challenged before this Court in Cr. Rev. No 994/2016 and vide order dated 29.10.2018, set aside the order and remanded back to the Family Court to firstly decide the application preferred under Order 11 Rule 12 of the CPC and after providing opportunity of hearing to both the parties, decide the application filed under Section 125(3) of the Cr.P.C. 4. The applicant has filed the details regarding payment of the maintenance amount before the Family Court vide Annexure A/3 and the learned Family Court did not consider the documents which have been filed by the applicant herein and has stated that these documents were considered by the Family Court vide order dated 24.08.2016 3 which has been set aside by this Court, hence the same cannot be considered without appreciating the fact that the applicant sought consideration of the said documents submitted by him in the earlier proceedings and held that the applicant is entitled to pay Rs. 1,28,470/- to the respondent. 5. It is pertinent to mention here that the documents produced by the applicant before the Family Court regarding payment of maintenance amount from the year 2008 to 2012 which was already on record before the concerned Family Court. Learned Family Court has failed to appreciate the receipts of bank accounts and receipts of amount paid by the applicant to the Court for maintenance. 6. Thus, in view of the overall discussion, the matter is remanded back to the Family court with a direction that the Family court on the basis of oral and documentary evidence and after hearing both the parties on the issue of payment of maintenance amount with regard to the amount deposited by the petitioner and received by the respondent. 7. With the aforesaid observation, the case is sent back to the trial court for further proceedings. The petition is accordingly disposed of. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.11 14:18:04 +0530