1 2025:CGHC:51481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1162 of 2025 Rajesh Gupta S/o Shri Badi Prasad Gupta Aged About 55 Years R/o House No. 9a, Road No. 13, Ashish Nagar Risali, Bhilai, P.S. Newai, Tah. And District- Durg (C.G.) ... Applicant versus Ku. Diya Gupta D/o Rajesh Gupta Aged About 21 Years R/o House No. 9a, Road No. 13, Ashish Nagar Risali, Bhilai, P.S. Newai, Tah. And District- Durg (C.G.) Presently R/o 302, Shubh Sangam Apartment Risali, Ashish Nagar (West) Bhilai District- Durg (C.G.) ---- Respondent For Applicant : Mr. Vikas Shrivastava, Advocate. For Respondent : Ms. K. Radhika, Advocate appearing through District Legal Services Authority. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.10.2025 1. Heard Mr. Vikas Shrivastava, learned counsel appearing for the applicant. Ms. K. Radhika, learned counsel for the respondent appearing through District Legal Services Authority. 2. The order dated 05.05.2025, 12.08.2025, 20.08.2025 and 25.08.2025 passed by the learned First Additional Principal Judge, Family Court, Durg (C.G.) in Case No.07/2025 (Original Case - Misc. Civil Case No. 148/2022), by which learned Family Court has directed to pay the maintenance amount with cost of Rs. 18,000/- to the respondent. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. The facts, in brief, is that the applicant is father of the respondent. The mother of the respondent arose dispute in the family as such she filed case for maintenance for herself and respondent wherein applicant is paying Rs. 20,000/-Per month. the applicant filed Divorce petition against respondent's mother on the ground of desertion and cruelty and mental torture. As such, decree of divorce was granted in favor of the applicant. the respondent after attaining majority, she filed case under section 20(3) Hindu Adoption Act which was registered as Misc. Civil Case No. 148/2022 and on 21.03.2023 the learned court has granted interim maintenance of Rs. 10,000/- till final disposal of the case to the respondent. Since then the applicant has paid Rs. 10,000/- to the respondent regularly. 4. The learned First Addl. Principal Judge Family Court Durg has passed the final judgment in the Misc. Civil Case No. 148/2022 on 28/01/2025 and granted Rs. 30,000/- per month to the respondent for maintenance, education, residence at Bangalore where she was studying. the learned first Addi. Principal Judge Family Court Durg decided Misc. Civil Suit No. 148/2022 on 28/01/2025 wherein the learned court has directed to the applicant to pay a some of Rs. 30,000/- to the respondent for her education, maintenance and residence at Bangalore Jain University till she has to complete Bachelor of Event Management. the learned first Addl. Principal Judge Family Court Durg has also passed an order to adjust the interim maintenance paid to the respondent earlier. as per the order of the learned first Addl. Principal Judge Family Court Durg the applicant has to pay Rs. 30,000/- per month to the respondent till the completion of her studies, the studies of the respondent has been completed in the month of April 2025, hence the respondent is entitle to receive total Rs. 1,20,000/- from the applicant. Hence, this revision. 3 5. Learned counsel for the applicant submits that in compliance of the Court’s order dated 19.09.2025, the arrears of Rs. 1,20,000/- was deposited by the applicant to the respondent. Hence, the order with respect to the recovery of maintenance is liable to be set-aside. 6. Learned counsel appearing for the respondent submits that she has received the amount of Rs. 1,20,000/- for which a recovery was issued against the applicant, and the respondent has further moved an application for claim of maintenance of Rs. 30,000/- more which is pending before the Family Court, and it is also submitted that the respondent is having a child. 7. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 8. Considering the submissions advanced by the learned counsel for the parties, and from the perusal of the impugned order passed by the learned Family Court, it transpires that in compliance of the Court’s order dated 19.09.2025, the arrears of Rs. 1,20,000/- was deposited by applicant to respondent, which is also evident from the undertaking given by the counsel for the respondent that she has received the said amount of arrears. Furthermore, the respondent has already moved an application for claim of maintenance of Rs. 30,000/- more which is pending before the Family Court. As the applicant has already repaid the amount which was outstanding and the Family Court has imposed the cost as if the applicant fails to deposit the outstanding amount, and the amount has already been paid, hence, the cost imposed upon the applicant by the Family Court concerned, is hereby quashed. 9. It is made clear that the claim of the applicant with respect to the 4 maintenance, no order has been passed on merits. 10. In view of the above, the present revision is disposed of. 11. 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