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2026 DAILYLAW 20050 (CHH)

SMT. M. SWATI @ HIMKIRTI v. R. NEELESH RELEGADLA

CRMP/558/2026 · 2026-05-11

Shri Radhakishan Agrawal

body2026

Judgment text

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1 2026:CGHC:22209 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 558 of 2026 1 - Smt. M. Swati @ Himkirti W/o R. Neelesh Relegadla Aged About 30 Years R/o M.L.Verma, Plot No. 267/659, Shikshit Nagar, Charoda Bhilai, Tahsil And District Durg C.G. 2 - Ku. R. Drisha D/o R. Neelesh Relegadla Aged About 2 Years Applicant No. 01 Is A Natural Guardian Of Applicant No. 02, R/o M.L.Verma, Plot No. 267/659, Shikshit Nagar, Charoda Bhilai, Tahsil And District Durg C.G. ... Petitioners versus R. Neelesh Relegadla S/o R. Ramna Rao Aged About 35 Years R/o B-203, Shri Sai Supreme,bannereghtta Road Brahmakumari Aashra Road Gotingare Bangalore, Office Address- Navs Arcade, 11,1st Main Cross, 1st Block Koramangala, 1st Block Koramangala, Bengaluru, Karnataka- 560034. ... Respondent For Petitioners : Mr. T.K. Jha, Sr. Advocate along with Mr. Tapan Kumar Chandra, Advocate Hon’ble Shri Justice Radhakishan Agrawal Order on Board 12/05/2026 1. The default pointed out by the Registry is ignored. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2026.05.12 16:43:06 +0530 2 2. The present petition under Section 528 of the BNSS, 2023 has been preferred by the petitioners for expeditious hearing due to non compliance of maintenance order dated 03.04.2025 (Annexure P-1) passed in Misc. Criminal Case No.481/2021 by the First Additional Principal Judge, Family Court, Durg (C.G.). 3. Learned counsel for the petitioners would submit that the present case arises from an application for maintenance filed by the applicant-minor daughter through her legal guardian against the respondent, which was decided by the Learned Principal Judge, Family Court, Durg in Misc. Criminal Case No. 481/2021, vide order dated 03.04.2025 (Annexure P/1), directing the respondent to pay maintenance of ₹15,000/- per month to petitioner No. 2, Ms. R. Dhrisha alias Bhavika, with effect from the date of filing of the application, after adjustment of interim maintenance already paid. Despite the said categorical directions, the respondent has willfully and continuously failed to comply with the order, compelling the petitioners to file an application dated 08.01.2026 under Section 144(3) of BNSS (Annexure P/2). As per the order, maintenance from April 2021 to May 2025 for 50 months amounts to ₹7,50,000/-, out of which ₹1,14,000/- was paid as interim maintenance, leaving ₹6,36,000/- payable; against this, the respondent paid only ₹1,50,000/- (₹1,20,000/- by cheque dated 30.10.2025 and ₹30,000/- by online transfer), leaving arrears of ₹4,86,000/-. Further, the respondent has failed to pay regular monthly maintenance of ₹15,000/-from June 3 2025 onwards, resulting in additional arrears of ₹1,35,000/- for the period June 2025 to February 2026. Consequently, a total sum of ₹6,21,000/- remains outstanding as on date, despite repeated opportunities and intimation to the learned Court on 05.01.2026, causing grave financial hardship, mental agony, and distress to the minor applicant and defeating the very object of the maintenance order, thereby necessitating the present bona fide application in the interest of justice and welfare of the child. 4. I have heard learned counsel for the petitioners and perused the documents available on record. 5. Upon consideration of the facts and material available on record, it is evident that the learned First Additional Principal Judge, Family Court, Durg, had passed the order dated 03.04.2025 directing the respondent to pay maintenance of ₹15,000/- per month to petitioner No.2. Despite such categorical directions, the respondent has failed to comply with the said order and has willfully defaulted in payment of maintenance, resulting in substantial arrears. The conduct of the respondent reflects deliberate non-compliance of the lawful order, thereby defeating the very object of grant of maintenance, which is to provide the sustenance and welfare of the minor child. 6. In view of the above, this Court deems it appropriate to direct the learned First Additional Principal Judge, Family Court, Durg, to take necessary 4 steps for recovery of the outstanding arrears of maintenance from the respondent, in accordance with law, at the earliest possible, by adopting all permissible coercive measures. It is further expected that the learned Court shall ensure expeditious execution of the maintenance order. Ordered accordingly. 7. With the aforesaid direction, the present petition stands disposed of. Sd/- (Radhakishan Agrawal) Judge Vasant