Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16608
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 238 of 2025 1 - Smt. Hanit Kaur Khalsa W/o Parvinder Singh Khalsa Aged About 37 Years R/o Darogapara Raigarh Tahsil And District - Raigarh (C.G.) Occupation House Wife 2 - Ravlin Khalsa D/o Parvinder Singh Aged About 20 Years R/o Darogapara Raigarh Tahsil And District - Raigarh (C.G.) 3 - Minor Bhavnit Khalsa D/o Parvinder Singh Khalsa Aged About 17 Years Non Applicant No. 3 Is Minor Impleaded Through Mother Hanit Kaur Khalsa R/o Darogapara Raigarh Tahsil And District - Raigarh (C.G.)
... Petitioners versus Parvinder Singh Khalsa S/o Sardar Ajit Singh Khalsa Aged About 44 Years Occupation Business R/o Behind Calltax Petrol Pump Bastar Road Dhamtari District - Dhamtari (C.G.)
... Respondent (Cause title taken from Case Information System) For Petitioners : Ms. Hamida Siddiqui, Advocate For Respondent : Mr. Abhishek Sharma, Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.04.16 17:56:11 +0530
2 08/04/2025
1. The present criminal revision has been filed by the petitioners for a direction to the learned Family Court, Dhamtari to ensure compliance with the High Court’s order dated 14.10.2024 by taking appropriate action against the non-applicant/authorities for his willful non- compliance including the possibility of an arrest warrant. 2. The brief facts of the case are that the petitioner No.1 is the wife of the respondent. The petitioners No. 2 and 3 are their daughters. Since, dispute arose between the husband and wife, she started residing at her parents’ house along with her daughters from
07.08.2013. In the year 2019, they moved an application under Section 125 of CRPC for grant of monthly maintenance amount, which was partly allowed by the learned Family Court vide order dated 10.04.2024 and an amount of Rs. 25,000/- was granted as monthly maintenance amount in favour of the petitioners. The maintenance amount to the petitioners No. 2 and 3 is payable till their majority or till their disability due to their physical or mental incapability. 3. The order dated 10.04.2024 passed by learned Family Court, Dhamtari is challenged by the respondent before this Court by filing Criminal Revision No. 596 of 2024. In the said criminal revision filed by the respondent on 03.09.2024, the parties were directed to appear before this Court to explore the possibility of amicable settlement and on 19.09.2024, the matter was referred to Mediation Centre of this Court for mediation proceeding between the parties. On 19.09.2024,
3 it is directed that no coercive step be taken by the police against the petitioner (present respondent) till the next date of hearing. On 14.10.2024, the coordinate Bench of this Court has directed the present respondent to deposit Rs. 5 Lakhs before the learned Family Court within 03 weeks from the date of passing of the order and if the amount is deposited, the interim order will be effective till the next date of hearing, otherwise, it will loose its significance without reference to the Bench. On 10.12.2024, it was submitted that the present respondent has deposited only Rs. 50,000/-. 4. The petitioners have filed the present petition stating therein that the present respondent is not paying the amount of maintenance, which was granted in their favour vide order dated 10.04.2024 and more than Rs.
15 Lakhs is accumulated as arrears, yet the learned Family Court is not making their efforts to get the order executed as provided under the law, therefore, a direction may be issued to the learned Family Court for execution of its order dated 10.04.2024, passed in MCRC No. F-122 of 2019. 5.
Learned counsel for the petitioners would submit that the interim
order has been passed in favour of the present respondent, subject to depositing Rs. 5 Lakhs from the arrears of maintenance amount and it is specifically ordered on 14.10.2024 that if the amount is not deposited, the interim order will loose its significance without reference to the Bench. In the case, the present respondent has deposited only Rs. 50,000/- and has not complied with order dated 14.10.2024 and therefore, the said order looses its efficacy, yet the
4 learned Family Court is not proceeding in execution application and kept the matter pending for further orders from this Court.
6. I have heard learned counsel for the petitioners and perused the documents annexed with the petition.
7. Since, the Criminal Revision No. 596 of 2024 filed by the present respondent against the order dated 10.04.2024 is being heard along with the present petition and has been dismissed and the interim
order stands vacated, it is expected that the learned Family Court shall make all their endeavor to execute the order dated 10.04.2024, passed in MCRC No. F-122 of 2019.
8. With the aforesaid observations, the present petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved