1 2025:CGHC:8725 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 604 of 2025 1 - Rachna Gautam W/o Bhaskar Gautam Aged About 38 Years R/o Gautam Vihar, Phase -II, In Front Of R.K. Furniture, Mahrishi Road, Near Uslapur Railway Station, Tehsil And District Bilaspur Chhattisgarh. 2 - Prisha Gautam D/o Bhaskar Gautam Aged About 4 Years Through Legal Guardian Mother Rachana Bhaskar Gautam, R/o Gautam Vihar, Phase - Ii, In Front Of R.K. Furniture, Mahrishi Road, Near Uslapur Railway Station, Tehsil And District Bilaspur Chhattisgarh. ... Petitioner(s) versus Bhaskar Gautam S/o Ranjan Gautam Aged About 38 Years R/o House No. H - 08 And H -09, Mahak Eco City, Bisnoli Dujana, District Gautam Buddha Nagar (U.P.) 203207. ---- Respondents ----------------------------------------------------------------------------------------------- For Petitioner Mr. Pushp Kumar Gupta, Advocate. ----------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 19.02.2025 2 1. Petitioner has filed this petition seeking following reliefs: “1. That, the Hon'ble Court may kindly be pleased to admit the instant Petition and issue Order(s)/ Direction(s) to call for the entire records relating to the Petitioners' case for its kind perusal. 2. That, the Hon'ble Court may kindly be pleased to issue Order(s)/ Direction(s) directing the learned family court, Bilaspur to dispose off the Application for Recovery of Arrears of Interim Maintenance which has culminated into MJC No. 168/22 and MJC No. 169/24 at the earliest in a time-bound manner. 3. That, the Hon'ble Court may kindly be pleased to issue Order(s)/ Direction(s) directing the learned family court to decide within stipulated time, the Application for issuance of levy warrant preferred by the Petitioners in MJC No. 168/22 and MJC No. 169/24 at the earliest. 4. That, the Hon'ble Court may kindly be pleased to issue Order(s)/ Direction(s) directing the learned family court to decide the Application for Ad-interim Maintenance preferred on behalf of Petitioner no. 2 within the statutory time-frame. 5. Any other Relief(s)/ Direction(s)/ Order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the Petitioners' case may be 3 granted in the interest of justice.” 2. Learned counsel for the petitioner contended that petitioners (wife & daughter of respondent) are entitled to avail the benefit of the interim maintenance granted in their favour by the learned Family Court, Bilaspur vide order dated 29.11.2021 (Annexure- P/2), however, respondent/husband has paid sum of Rs.1,24,000/- only and not paid the remaining outstanding amount till date. In case of non-compliance of said order by respondent/husband, petitioners moved an application under Section 125(3) Cr.P.C for recovery of maintenance on 12.02.2022 and thereafter again on 08.11.2023 (Annexures- P/6 & P/7), However, both applications are still pending consideration before the concerned Court. Hence, direction be issued to the concerned Court to consider and decide the pending applications of the petitioners, within stipulated time framed. 3. Heard learned counsel for the petitioners and perused the order of the Family Court including the pending applications of the petitioners. 4. Considering facts of the case, pleading made in the petition, submission of counsel for the petitioners, this petition is disposed of directing the concerned Family Court to consider and decide the applications of the petitioners pending in MJC Nos.168/2022 & MJC No.169/2024, expeditiously. CC as per rules. Sd/- (Arvind Kumar Verma) JUDGE J.