Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:45984
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1110 of 2025 Vishal Singh Malli S/o Mahendra Singh Malli Aged About 44 Years R/o Infront Of Ravidas Temple, Karbala, P.S. City Kotwali, Tehsil And Distt. Bilaspur, Chhattisgarh. Workplace Bharat Benz Finance Company, Infront Of Nexa Showroom, Sirgitti, P.S. Sirgitti, Tehsil And Distt. Bilaspur, Chhattisgarh.
... Applicant versus 1 - Jagriti Malli D/o Vishal Singh Malli Aged About 18 Years R/o Near Tarbahar Mosque, P.S. Tarbahar, Teh. And Distt. Bilaspur, Chhattisgarh. 2 - Yuvraj Malli S/o Vishal Singh Malli Aged About 15 Years Minor Non- Appellant No. 2 Through The Legal Guardian Smt. Bindiya Malli, W/o Vishal Singh Malli, Aged About 38, R/o Near Tarbahar Mosque, P.S. Tarbahar, Teh. And Distt. Bilaspur, Chhattisgarh
---- Non-appalicant For Applicant : Mr. Achyut Tiwari, Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 09.09.2025
1. Heard Mr. Achyut Tiwarim learned counsel the applicant.
2. This Criminal Revision is being aggrieved of the impugned order dated 14.07.2025 passed by the learned First Additional Principal Judge, Family Court, District – Bilaspur (C.G.) in Misc. Cr. Case No. 760/2023, whereby the learned Family Court allowed the application for grant of interim maintenance and directed the applicant to pay Rs. 4,000/- per month each to both the non- applicants, as interim maintenance. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
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3. The facts, in brief, is that the applicant and the mother of the non- applicants are legally wedded spouses, and their marriage was solemnized on 23.02.2005. Out of the said wedlock, two children were born, namely, a daughter, Jagriti Malli, aged about 18 years, and a son, Yuvraj Malli, aged about 15 years. Both the non- applicants are presently residing along with their mother. As per the allegation raised by the non-applicants after a few years of marriage, the applicant began harassing and abusing the applicants' mother both mentally and physically. Despite her patience and efforts to resolve the issues, applicant’s cruel behaviour worsened over time. In March 2022, applicant beat and expelled her from the matrimonial home, after which she started living with the non-applicants at the given address. An application for divorce under Section 13(b) of the Hindu Marriage Act, 1955 was filed before the Learned Family Court, between the applicant and the mother of the non-applicants. The said application, being based on mutual consent, was duly considered, and judgment and decree dated 12.06.2023, the Learned Family Court was pleased to allow the application, grant divorce, and pass a decree accordingly. Thereafter, the minor non-applicants, through their legal guardian filed an application under Section 125 of the CrPC (presently Section 144 of the BNSS), before the Learned Family Court, seeking maintenance from the applicant and praying for grant of a sum of Rs. 15,000/- per month as maintenance. After hearing the
arguments of both parties, the learned Family Court vide impugned
order dated 14.07.2025, was pleased to allow the application and
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directed the applicant to pay maintenance to the non-applicants at the rate of Rs. 8,000/- per month (i.e., Rs. 4,000/- each to the two non-applicants). Hence, this application.
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Learned counsel appearing for the applicant submits that the applicant is the father of the non-applicants, and an application under Section 125 of the CrPC was filed by the non-applicants along with the application for interim maintenance, and the interim maintenance to the tune of Rs. 4,000/- per month has been awarded by learned Family Court to be granted by the applicant to each of the non-applicants. It is further submitted that the respondent No.1, Jagriti malli, has attained the age of majority and she is more than 18 years of age and therefore she is legally adult. Therefore, the impugned order is bad in law, perverse, arbitrary, erroneous, therefore liable to be set-aside.
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, it transpires that no any good ground has been raised on merits by the applicants’ side, thus, it is clear that after considering all the materials and after applying mind the learned First Additional Principal Judge, Family Court, District – Bilaspur (C.G.) has passed the impugned order dated 14.07.2025 in Misc. Cr. Case No. 760/2023, whereby the learned Family Court allowed the application for grant of interim maintenance and directed the
4 applicant to pay Rs. 4,000/- per month each to the non-applicants, 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, as expeditiously as possible, preferably within a period of 4 months, in accordance with law.
9. Let a certified copy of this order be transmitted to the concerned trial Court for necessary compliance and follow up action, if any. Sd/-
(Ramesh Sinha)
Chief Justice Rajshekhar