1 CGHC010265422026 2026:CGHC:31452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 910 of 2026 Smt. Poonam Janghel W/o Shri Kishan Janghel D/o Shri Krishna Kumar Verma Aged About 30 Years R/o Village- Akoli, Post- Barhapur Police Station Dhamdha District- Durg (C.G.) ... Applicant versus Shri Kishan Janghel S/o Shri Ram Avtar Janghel Aged About 30 Years R/o Village Occupation Lecturer R/o Village And Post Parpodi Police Station Parpodi Tahsil Saja District- Bemetara (C.G.) Office Address- Government Higher Secondary School Korchatola Tahsil Ambagarh Chowki District- Rajnandgaon (C.G.) ---- Respondent For Applicant : Mr. Avinash Chand Sahu, Advocate. For Respondent : Mr. Anchal Kumar Matre, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.07.2026 1. Heard Mr. Avinash Chand Sahu, learned counsel for the applicant. Also heard Mr. Anchal Kumar Matre, learned counsel for the respondent. 2. This Criminal Revision is being aggrieved of the order dated 22.06.2026 and 29.06.2026 passed by the learned Family Court, District – Durg (C.G.) in Case No. 1297/2022, whereby the learned Family Court, not only rejected the applicant’s application seeking enforcement of the order granting interim maintenance but also costs Rs. 2,000/- and Rs. 4,000/- respectively. 3. The prosecution story in brief is that on 16.02.2020 the marriage RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 between the applicant and the respondent was solemnized according to Hindu rites and customs. After the marriage, the applicant started residing in her matrimonial home along with the respondent. Soon after the marriage, the respondent and his family members started subjecting the applicant to physical and mental cruelty on account of unlawful demand of dowry. The applicant was repeatedly harassed, assaulted and ill-treated by the respondent. Despite making sincere efforts to preserve the matrimonial relationship, the conduct of the respondent did not improve. With the intervention of elders and members of both the families, several meetings were convened to amicably resolve the matrimonial dispute. One such meeting was held on 23.08.2021. However, despite repeated assurances, the respondent continued his cruel behaviour and persisted in harassing the applicant. 4. On 06.09.2021, the respondent forcibly drove the applicant out of the matrimonial home. Since then, the applicant has been residing with her parents and has no independent source of income to maintain herself. After being deserted by the respondent, the applicant approached the competent authorities by lodging complaints against the acts of cruelty and thereafter instituted proceedings under Section 125 of the Cr.P.C. before the learned Third Additional Principal Judge, Family Court, Durg seeking grant of maintenance. The said proceedings are registered as Case No.1297/2022, which are still pending for final adjudication. During the pendency of the aforesaid proceedings, the learned Family Court, after considering the pleadings and material available on record, was pleased to allow the applicant's prayer for interim maintenance and directed the respondent to pay interim maintenance of Rs.1,000/- per month from 06.10.2022. 3 5. Despite the clear directions issued by the learned Family Court, the respondent intentionally and deliberately failed to comply with the order of interim maintenance. Till June, 2026, the total amount payable towards interim maintenance had accumulated to Rs.44,000/-, whereas the respondent paid only Rs.23,000/-, leaving an outstanding balance of Rs.21,000/-. The respondent has not paid any amount towards interim maintenance for the last about twenty-one months and has continuously violated the subsisting order of the learned Family Court. The applicant, being unable to maintain herself and finding no other efficacious remedy during the pendency of the maintenance proceedings, filed an application before the learned Family Court on 22.06.2026 praying that the respondent be directed to deposit the outstanding arrears of interim maintenance in compliance with the order dated 06.10.2022. The learned Family Court, by the impugned order dated 22.06.2026, dismissed the said application stating that the applicant may prefer proper proceeding for the same and further imposed cost of Rs.2,000/- upon the applicant. The learned Family Court also observed that the applicant was at liberty to initiate separate proceedings for recovery of the arrears of interim maintenance. 6. Thereafter, the learned Family Court fixed the matter on 25.06.2026 and granted another short date before finally taking up the matter on 29.06.2026. On the said date, the applicant again submitted an application before the learned Family Court pointing out that the respondent had still not complied with the order granting interim maintenance and reiterated that there was no requirement under law to institute a separate proceeding for recovery of arrears. The applicant once again prayed that appropriate directions be issued to the 4 respondent to deposit the outstanding amount of interim maintenance. The learned Family Court, by the second impugned order dated 29.06.2026, dismissed the applicant's application solely on the ground that a similar application had already been rejected on 22.06.2026 and, without assigning any further reasons, imposed an additional cost of Rs.4,000/- upon the applicant. Hence, this revision. 7. Learned counsel appearing for the applicant vehemently submits that the impugned orders passed by the learned Family Court are wholly illegal, arbitrary and contrary to the facts, law and circumstances of the present case. It is contended that the learned Family Court failed to appreciate that the applications filed by the applicant were merely for enforcement of the subsisting order granting interim maintenance and that there was no justification either for dismissing the said applications or for imposing costs upon the applicant. It is further submitted that during the pendency of the present revision, it was brought to the notice of this Court that out of the total outstanding arrears of interim maintenance amounting to Rs.21,000/-, the respondent had already paid Rs.11,000/-, whereas the balance amount of Rs.10,000/- still remained unpaid. Taking note of the said factual position, this Court, by order dated 21.07.2026, granted an opportunity to the respondent to clear the remaining arrears of interim maintenance. Learned counsel further submits that, in compliance with the aforesaid order passed by this Court, the respondent has now paid the remaining sum of Rs.10,000/- to the applicant, and consequently, the entire arrears of interim maintenance stand satisfied. It is, therefore, argued that although the grievance regarding non-payment of maintenance has now been redressed, the findings recorded by the learned Family Court 5 while rejecting the applicant's applications and the consequential imposition of costs continue to prejudice the applicant and are unsustainable in law. It is thus prayed that the impugned orders be suitably modified by setting aside the costs imposed upon the applicant and by issuing appropriate directions to the learned Family Court for expeditious disposal of the maintenance proceedings. 8. Per contra, learned counsel appearing for the respondent submits that the respondent has duly complied with the order passed by this Court and has paid the entire outstanding amount of interim maintenance to the applicant. It is submitted that the balance amount of Rs.10,000/-, which remained payable towards the arrears of interim maintenance, has also been deposited and received by the applicant. In support of the said submission, learned counsel has placed on record a copy of the order-sheet of the learned Family Court, wherein it has been specifically recorded that the applicant has acknowledged receipt of the entire outstanding amount. It is, therefore, contended that in view of the complete payment of arrears, the principal grievance raised in the present revision no longer survives for adjudication, and the same may be disposed of in accordance with law. 9. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 10. Having heard learned counsel for the parties and upon perusal of the record, this Court finds that the grievance raised in the present revision substantially pertains to the non-payment of arrears of interim maintenance and the imposition of costs by the learned Family Court while rejecting the applicant's applications dated 22.06.2026 and 6 29.06.2026. It is not in dispute that during the pendency of the present revision, the respondent has paid the entire outstanding arrears of interim maintenance, including the balance amount of Rs.10,000/-, and the said payment has been duly acknowledged before the learned Family Court. Thus, the principal grievance regarding non-payment of arrears no longer survives for consideration. However, this Court is of the considered opinion that once the applicant had approached the learned Family Court seeking enforcement of the subsisting order of interim maintenance, the mere filing of such applications, particularly when the respondent had admittedly defaulted in complying with the order of interim maintenance for a considerable period, did not warrant imposition of costs upon the applicant. The applicant cannot be penalized for pursuing a remedy for enforcement of an order passed in her favour. Consequently, the imposition of costs of Rs.2,000/- vide order dated 22.06.2026 and Rs.4,000/- vide order dated 29.06.2026 is found to be unjustified and deserves to be set aside. Since the arrears of interim maintenance have already been paid by the respondent, nothing further survives in the present revision on that aspect. 11. Accordingly, the revision stands disposed of by setting aside the costs imposed upon the applicant by the impugned orders dated 22.06.2026 and 29.06.2026. 12. The applicant is directed to appear before the learned Third Additional Principal Judge, Family Court, Durg on 25.07.2026. 13. The learned Family Court shall thereafter proceed with the matter expeditiously and make every endeavour to conclude the proceedings, in accordance with law, preferably within a period of one month from 7 the date of receipt of certified copy of this order, without granting unnecessary adjournments to either side. 14. The Registrar (Judicial) is directed to send a certified copy of this order to the concerned Family Court for necessary compliance and follow up action. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar