Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:41472
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1279 of 2024 Nutan Lahare (Goyal) W/o Rakesh Goyal D/o Agast Goyal Aged About 23 Years R/o Kudripara, Bankimongra, Tahsil Katghora, District Korba, Chhattisgarh.
... Applicant versus Rakesh Goyal S/o Jaipal Goyal Aged About 33 Years Occupation- Service, Arakshak Kramank 545, District Korba, R/o Qr. No. M/26, Jungle Colony, S.E.C.L. Manikpur, Tahsil Korba Working Address Office Shriman Police Adikshak Control Room, Korba, District Korba, Chhattisgarh.
... Respondents For Applicant : Mr. Vikas Kumar Pandey, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 18.08.2025
1. This criminal revision has been filed by the applicant being aggrieved with the impugned order dated 23.07.2024 passed by the learned Judge, Family Court, Camp Court, Kathghora, Manendragarh, District – Korba (C.G.) in Criminal MJC No.70/2021, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.20 10:50:21 +0530
2 whereby the application filed under Section 125 of Cr.P.C preferred by the applicant has been rejected.
2. The brief facts of the case is that the applicant filed an application under Section 125 of the Cr.P.C. before the Learned Family Court, Camp Court, Katghora, District Korba (C.G.), stating that her marriage with the respondent was solemnized on 14.10.2019 at Arya Samaj, and subsequently, on 28.02.2019, the marriage was again performed in the presence of both families as per Hindu rites and rituals. After the marriage, the applicant and respondent lived together happily for a few days. Thereafter, the respondent and his family members started demanding money from the applicant. It is further alleged that the respondent was involved in a love affair with another woman, due to which he began to neglect and harass the applicant. The respondent eventually started living with the other woman and ousted the applicant from the matrimonial home. As a result, the applicant, having no independent source of income, filed the present application seeking maintenance. The applicant disclosed all relevant facts before the Learned Family Court, Katghora. The Family Court issued notice to the respondent, who appeared and denied all the allegations made by the applicant. The Learned Family Court framed issues and recorded evidence from both parties, including the applicant, her witnesses, and the respondent and his witnesses. However, vide order dated 23.07.2024, the Learned Family Court dismissed the applicant’s petition under Section 125 of the Cr.P.C. Being aggrieved by the
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Learned counsel appearing for the applicant submits that the impugned order passed by the learned Family Court is illegal, arbitrary, and contrary to law. The respondent is involved in an illicit relationship with another woman and has been harassing the applicant; however, the learned Family Court failed to consider this material fact and passed the order against the applicant. The actions of the respondent and his family members towards the applicant amount to cruelty. Nevertheless, the applicant is willing to reside with the respondent, leaving aside all previous disputes. The applicant is currently without any source of income, while the respondent is a government employee serving in the Police Department. Despite this, the learned Family Court dismissed the applicant’s petition, which is unjust, illegal, and unsustainable in the eyes of law.
4. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto.
5. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the impugned order passed by the learned Family Court, it transpires that after hearing all the statements of the witnesses and perusing the evidence available on record, the learned Family Court has passed the impugned order, and there is no any illegality and infirmity while passing the same which requires interference by this Court.
6. Accordingly, the present revision being devoid of merit, is liable to be and is hereby dismissed.
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7. Let a copy of this order be transmitted to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha)
Chief Justice Preeti