1 2025:CGHC:5178 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 200 of 2025 1. Ritesh Sharma S/o Devendra Sharma Aged About 45 Years R/o Near Shri Ram Kirana Stores, Post Office- SECL, Sarkanda, P.S. Sarkanda, District- Bilaspur, (C.G.) 2. Devendra Sharma S/o Late Shri Bihari Aged About 68 Years R/o Near Shri Ram Kirana Stores, Post Office- SECL, Sarkanda, P.S. Sarkanda, District- Bilaspur, (C.G.). 3. Sheela Sharma W/o Shri Devendra Sharma Aged About 65 Years R/o Near Shri Ram Kirana Stores, Post Office- SECL, Sarkanda, P.S. Sarkanda, District- Bilaspur, (C.G.). ...Petitioners versus • Dolly Sharma W/o Ritesh Sharma Aged About 30 Years R/o Goushala, Police Line, Raigarh, District- Raigarh, (C.G.) ... Respondent For Petitioner : Mr. Aman Sharma, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 29/01/2025 1. This Petition has been filed for modification of the order dated 13.12.2022 passed in Criminal Revision No.1233/2022 and for quashing PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.01.30 11:09:36 +0530 2 the order dated 13.06.2024 passed in MJC Criminal No.92/2020 by the Judicial Magistrate First Class, Raigarh as also the order dated 23.12.2024 passed in Criminal Appeal No.83/2024 by the 3rd District and Additional Sessions Judge, Raigarh. 2. At the outset, learned counsel for the petitioners submits that the petitioners have filed Criminal Revision before this Court only on the ground that the Family Court, Raigarh in Case No.35/2020 vide order dated 13.07.2021, fixed the interim maintenance to the tune of Rs.3,000/-. However, in a separate proceeding filed by the wife under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (for short, ‘the Act, 2005’), though the learned Judicial Magistrate First Class has dismissed the interim maintenance application but allowed the Appeal filed by the wife under Section 29 of the Act, 2005 and interim maintenance has been awarded to the tune of Rs.3,000/- separately w.e.f 01.07.2022. He would submit that while passing the subsequent order, no set off or adjustment was made in view of the principles laid down in the matter of Rajnesh vs Neha And Another1. Therefore, as the wife has been awarded interim maintenance in two separate cases for the same amount of Rs.3,000/- and thereby she would get an amount of Rs.6,000/- per month, whereas in the subsequent case taking into consideration the earlier interim maintenance, this Court has already reduced the interim maintenance under the Act, 2005 to the tune of Rs.1,000/- per month and thereby an aggregate interim maintenance has been awarded in both the cases which would not exceed Rs.4,000/- 1 (2021) 2 SCC 324 3 per month. However, both the Courts below have wrongly interpreted the aforesaid orders and enhanced the interim maintenance from Rs.3,000/- to Rs.4,000/- per month. 3. Heard learned counsel for the petitioners and perused the order passed in Criminal Revision No.1233/2022 and the impugned orders with utmost circumspection. 4. It is explicit that both the Courts below have not interpreted the orders in letter and spirit and no adjustment was made. In view of the judgment of Supreme Court in the matter of Rajnesh (supra), this Court has only quantified interim maintenance in addition to the tune of Rs.1,000/- per month in Para- 5 of the earlier order passed by this Court on 13.12.2022 meaning thereby, reducing the interim maintenance which has been awarded under the Act, 2005 from Rs.3,000/- to Rs.1,000/- only and the interim maintenance which has been awarded in a proceeding under Section 125 of the CrPC shall remain intact. So, in aggregate, in both the cases, the interim maintenance has been awarded to the tune of Rs.4,000/- per month as a whole. 5. With the aforesaid observations, this CRMP stands disposed of. 6. Let a copy of this order be sent to the concerned Court for information and necessary compliance. 7. Accordingly, the orders passed by both the Courts below, misinterpreting the order passed by this Court are set aside only to that extent. Sd/- (Deepak Kumar Tiwari) Judge Priyanka