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2025 DAILYLAW 43492 (CHH)

HUSSAIN CHANDRA PRAKASH DAHIRE v. SMT. HEMPUSHPA DAHIRE

CRR/1264/2024 · 2025-03-18

Shri Arvind Kumar Verma

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:12860 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 1264 of 2024 Hussain Chandra Prakash Dahire S/o Late Mr. Ram Sahay Dahire, Aged About 50 Years R/o Ambedkar Ward Mungeli, Tahsil And District-Mungeli (C.G.), Present Address-Kapil Nagar Sarkanda, Near Muktidham, House Of Rajput Sir, Bilaspur, P.S.-Sarkanda, Tahsil And District-Bilaspur (C.G.). ... Applicant versus 1 - Smt. Hempushpa Dahire W/o Shri Hussain Chandra Prakash Dahire, Aged About 36 Years R/o Dandgaanv, Tahsil- Pathariya, District- Mungeli (C.G.). 2 - Mayank Dahire S/o Hussain Chandra Prakash Dahire, Aged About 18 Years R/o Ambedkar Ward Mungeli, Tahsil And District-Mungeli (C.G.) Present Address-Kapil Nagar Sarkanda, Near Muktidham House Of Rajput Sir, Bilaspur, P.S.-Sarkanda, Tahsil And District-Bilaspur (C.G.) And Are Only Formal Party In This Petition Since They Are Residing With Applicant Only. 3 - Jayant Dahire S/o Hussain Chandra Prakash Dahire, Aged About 15 Years Non- Applicant No. 3 Is Minor, And Non-Applicant No.1 Is Natural Guardian Of Applicant No.3, R/o Ambedkar Ward Mungeli, Tahsil And District-Mungeli (C.G.) Present Address-Kapil Nagar Sarkanda, Near Muktidham House Of Rajput Sir, Bilaspur, P.S.- Sarkanda, Tahsil And District-Bilaspur (C.G.) And Are Only Formal Party In This Petition Since They Are Residing With Applicant Only. ---- Respondents ----------------------------------------------------------------------------------------------- For Applicant : Ms. Madhunisha Singh, Advocate For Respondents : None ----------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 18.03.2025 VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.03.20 16:23:28 +0530 2 1. Challenge in the present revision is to the order dated 17.10.2024 (Annexure P-1) passed by the learned Judge, Family Court, Mungeli, District Mungeli (C.G.) in MJC No.159/2023, wherein it was held by the Court that non applicants No.2 & 3 reside with the applicant and due to that application under Section 125 of CrPC was denied, whereas non applicant No.1 was entitled for maintenance of Rs.5,000/- per month under the provision of Section 125 of CrPC from the date of the application for maintenance, i.e., 30.03.2022. 2. In pursuance of the order passed by this Court on 10.3.2025, the parties appeared before the Mediation Center, High Court of Chhattisgarh, Bilaspur (C.G.). 3. Learned counsel for the applicant submits that the parties have entered into the compromise and executed an agreement named & styled as “Samjhouta-patra” and under the terms of such compromise, learned counsel for the applicant wants to dispose of this revision. 4. Perused the terms of compromise. Prima facie perusal of the same shows that the terms are reasonable. 5. Accordingly, the present petition is disposed of in terms of the compromise arrived at between the parties. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant