Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5133
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 96 of 2025 Smt. Varsha @ Rama Ahirwar W/o Sukhnath Ahirwar Aged About 34 Years (Wrongly Mentioned As 33 Years In The Impugned Order), R/o House No. F-2, Vishal Nagar, Telibandha Raipur, Tehsil And District Raipur, Chhattisgarh.
... Petitioner(s) versus
1. Sukhnath Ahirwar S/o Amritlal Ahirwar Aged About 44 Years Village And Post Lormi, Near Government College, P.S. Lormi, Tehsil Mungeli, District Mungeli (C.G.) Place Of Posting Sukhnath Ahirwar, S/o Amritlal Ahirwar, Additional Collector, District Headquarters Kanker, District Uttar Bastar Kanker (Wrongly Mentioned As District Kanker Uttar Bastar Kanker In The Impugned Order) (C.G.)
2. Chief Secretary Government Of Chhattisgarh, State Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh.
3. Collector, Kanker Collector Office, Near Bus Stand, Kanker, Chhattisgarh, District Uttar Bastar Kanker, Chhattisgarh. ............(Respondent No. 2 And 3 Are Not Party Befor Trial Court)
... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner
: Mr. Prasoon Agrawal, Advocate For State : Mr. Vedant Shadangi, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
29.
01.2025
1. By way of this petition, the petitioner has sought the following relief(s):-
“10.1 The Hon'ble Court may kindly be pleased to call for the records of the case. 10.2 The Hon'ble Court may kindly be pleased to direct the respondent No. 02 and 03 to comply with the orders SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.02.01 10:30:21 +0530
2 of the Learned Trial Court and deduct the salary from the account of the respondent No. 01 to the tune of Rs. 40,000/- per month and deposit the same in the account of the petitioner. 10.3 The Hon'ble Court may kindly be pleased to direct the Learned Trial Court expedite proceedings pending in Case No. MCC/728/2023 pending before First Additional Principal Judge, Raipur District- Raipur (C.G) and conclude the same within a period of 3 months. 10.4 The Hon'ble Court may kindly be pleased to grant any other ancillary relief, as it may deem fit and proper in the facts and circumstances of the case.”
2. Learned counsel for the petitioner/wife would submit that an application for the grant of maintenance under Section 125 was filed on 06.10.2022 along with an application for the grant of interim maintenance. He would further submit that the interim application was allowed by the learned Family Court vide Order dated 07.07.2023. He would also submit that on 27.10.2023, the final order was passed whereby respondent No. 1/husband has been
directed to make payment of Rs. 40,000/- per month to the petitioner/wife. It is contended that a specific order was issued by the learned Family Court to deduct the amount of maintenance from the salary of the respondent/husband as he is a Government Servant as an Additional Collector. It is further contended that a specific direction was issued to the Collector as well as the Chief Secretary, State of Chhattisgarh. It is stated that an application under Section 125(3) of CrPC for recovery of arrears of maintenance amount is still pending before the learned Family Court.
3. On the other hand, Mr. Vedant Shadangi, Panel Lawyer for the State would oppose.
4. Heard.
5. Taking into consideration the fact that the matter is pending consideration before the learned Family Court since 10.07.2023, at this stage, the
3 learned Family Court is directed to expedite the proceedings.
6. As the learned Family Court issued a specific direction to the Collector and the Chief Secretary of the State of Chhattisgarh to deduct the amount of maintenance of Rs. 40,000/- every month from the salary of the respondent/husband; therefore, the authorities concerned are directed to take appropriate steps in this regard, preferably within a period of 30 days.
7. It appears that the State authorities are not complying with the orders issued by the learned Courts. The Chief Secretary of the State of Chhattisgarh is directed to look into the matter and take appropriate steps.
8. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/-
(Rakesh Mohan Pandey)
Judge $iddhant