-1- 2025:CGHC:11 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1182 of 2024 1 - Tez Bahadur S/o Late Bhola Singh Chauhan Aged About 40 Years R/o Village - Govt. H.S.S. Fundahar, Mana Road, V.I.P. Colony, Pachpedi Naka, Raipur, District Raipur Chhattisgarh ... Petitioner(s) versus 1 - Ranu Chauhan W/o Tez Bahadur Chauhan Aged About 35 Years R/o Village - Sankar Nagar Ward, Bhatapara, Tahsil - Bhatapara, District Balodabazar-Bhatapara Chhattisgarh 2 - Minor Pravan Singh S/o Tez Bahadur Represented Through Natural Guardian Mother Ranu Chauhan, R/o Village - Sankar Nagar Ward, Bhatapara, Tahsil - Bhatapara, District Balodabazar-Bhatapara Chhattisgarh ... Respondents For Petitioner : Mr. Vijay Shankar Mishra, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02.01.2025 1) Heard. 2) The petitioner has filed this petition seeking the following relief(s):- Digitally signed by REKHA SINGH -2- “10.1) This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner from the possession of the respondents for its kind perusal. 10.2) That, the Hon'ble Court may kindly be pleased to quash/set-aside the impugned order dated 29.11.2024 (Annexure P/1) passed in Misc. Criminal Case No. 10/2023 by the learned Judge Family Court, Balodabazaar-Bhatapara (C.G.) 10.3) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 3) Mr. Mishra, the learned counsel appearing for the petitioner would submit that the respondents/wife and daughter moved an application under Section 125 of Cr.P.C. for grant of maintenance which was allowed by the learned Family Court vide order dated 19.03.2007 wherein the maintenance amount of Rs.600/- each was passed in favour of the respondents. Thereafter, the respondents moved an application for alteration of maintenance amount which was rejected vide order dated 31.09.2019. He would further submit that the respondents preferred Criminal Revision No.1570/2019 before the High Court and the amount of maintenance was enhanced to Rs.4,000/- for respondent No.1 and additional sum of Rs.3,000/- to respondent No.2. He would contend that again an application has been moved by the respondents before the learned Family Court for alteration of maintenance under Section 127(1) of Cr.P.C. on 30.12.2022. He would further contend that respondent No.1 had remarried one Harish Kumar Kesharwani, therefore, she is not entitled to maintenance. He would state that the name of Harish Kumar Kesharwani is recorded as the father of respondent No.2, therefore, she is also not entitled to any maintenance. He would further state that the petitioner moved an application under Section 127(1) -3- (a) of Cr.P.C. before the learned Family Court to summon Mr. Harish Kumar Kesharwani as a witness but the said application has been rejected by the learned Family Court vide impugned order dated 29.11.2024. 4) I have heard learned counsel appearing for the petitioner and also perused the order impugned. 5) A perusal of the order would show that the matter is pending before the learned Family Court since 17.01.2023. The case was set for the petitioner’s evidence on 21.03.2024, 09.04.2024, 29.04.2024, 18.06.2024, 31.07.2024, 24.09.2024, 17.10.2024, 06.11.2024 and 20.11.2024 but the petitioner failed to produce his witness. Learned Trial Court has further recorded a finding that the petitioner could have produced Harish Kumar Kesharwani as a witness but he failed to do so. 6) Taking into consideration the fact that the petitioner has been afforded sufficient opportunity to adduce evidence and to examine his witness and again he has been granted opportunity to adduce evidence on 17.01.2023, no case is made out for interference. Consequently, this petition fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge Rekha