1 2025:CGHC:43918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1071 of 2025 Bhagwat Parsad Sahu S/o Shree Ram Prasad Aged About 37 Years R/o Village - Kapisda, Post - Uchhbhatti, Tehsil/District Sarangarh Chhattisgarh ... Applicant versus Rishabh Sahu (Minor Son) S/o Bhagwat Prasad Sahu Aged About 7 Years Represented Through His Mother Rajnigandha Sahu, R/o Bhatagaon Chowk Near Durga Mandir, Raipur, Tehsil and District Raipur Chhattisgarh … Respondent For Applicant : Ms. Deepali Gupta, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.08.2025 1. Heard Ms. Deepali Gupta, learned counsel the applicant. 2. This Criminal Revision is being aggrieved of the impugned interim order dated 03.07.2025 passed by the learned Principal Judge, Family Court, Raipur (C.G.) in MCC No. 1280/2024, whereby the learned Family Court, Raipur, partly allowed the application for grant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.01 10:38:27 +0530 2 of interim maintenance and directed the applicant to pay Rs. 4,000/- per month to the respondent as interim maintenance. 3. The facts, in brief, is that the revisionist/applicant and the respondent's mother were lawfully married on 10.07.2016 at Village Jaijaipur, Police Station and Tahsil Jaijaipur, District Janjgir- Champa (C.G.). From this marriage, a male child, Rishabh Sahu (the present respondent), was born. Following the marriage, the respondent's mother resided with the revisionist and his family for approximately ten days at his ancestral home in Village Kapisda, Police Station Kosir, District Raigarh (C.G.). Thereafter, the couple began residing together at the respondent’s mother’s workplace in Raipur (C.G.). Due to irreconcilable differences, the revisionist and the respondent's mother mutually agreed to dissolve their marriage and jointly filed a petition for divorce under Section 13(b) of the Hindu Marriage Act, 1955, on 06.06.2022. In the petition, the respondent’s mother expressly waived all rights to claim maintenance for herself and on behalf of the minor child, and undertook full responsibility for the child’s upbringing. Based on these terms, the Learned Family Court granted a decree of divorce on 15.12.2022. However, after more than two years, and in violation of the mutually agreed divorce terms, the respondent’s mother filed an application for maintenance on behalf of the minor child under Section 144 of the Bhartiya Nagrik Suraksha Sanhita, 2023, before the Principal Judge, Family Court, Raipur (C.G.) on 15.10.2024. In these proceedings, an interim order dated 03.07.2025 directed the Revisionist to pay Rs.4,000/- per month as interim maintenance for 3 the child. Aggrieved by this order, the revisionist has filed the present revision petition challenging the maintainability of the maintenance application, particularly in view of the prior express waiver and assumption of responsibility by the respondent’s mother during the divorce proceedings. 4. Learned counsel appearing for the applicant submits that the Learned Family Court, without properly appreciating the material facts on record, failed to consider that the applicant and the respondent's mother had mutually obtained a decree of divorce under Section 13(B) of the Hindu Marriage Act, 1955, vide order dated 15.12.2022. During the said proceedings, both parties amicably resolved all disputes, wherein the respondent's mother expressly waived her right to claim maintenance for herself and the minor child, and undertook full responsibility for the child's care and upbringing. Despite this clear and voluntary undertaking, she has now acted in contravention of the consent terms and decree. The impugned order granting interim maintenance, passed without due consideration of these facts, is arbitrary, unjustified, and contrary to settled judicial principles. Moreover, the respondent's mother did not claim maintenance for nearly three years following the divorce, thereby indicating that she neither considered herself entitled to nor in need of such support. This further reinforces the fact that she had voluntarily relinquished her claim to maintenance. The respondent’s mother is gainfully employed as a nurse in a hospital and also independently operates a beauty parlour in Raipur. She is financially independent, self-sufficient, and fully capable of maintaining both 4 herself and the minor child. The present application for maintenance has been filed with mala-fide intent to harass the revisionist/applicant and misuse the process of law. The claim, being neither genuine nor in good faith, is liable to be rejected. 5. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 6. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the orders of the Family Court, though it is stated that the applicant is paying the interim maintenance of amount Rs. 4,000/- per month to the respondent/son, thus, it is clear that after considering all the materials and after applying mind the learned the learned Principal Judge, Family Court, Raipur (C.G.) has passed the impugned order dated 03.07.2025 in MCC No. 1280/2024, whereby the learned Family Court, Raipur, partly allowed the application for grant of interim maintenance and directed the applicant to pay Rs. 4,000/- per month to the respondent as interim maintenance, and there is no illegality and infirmity while passing the same. 7. Accordingly, the prayer made to quash the impugned order is refused. 8. However, the present revision is 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. 5 9. Let a certified copy of this order be sent to the concerned trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti