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2026 DAILYLAW 32497 (CHH)

DHARMENDRA KUMAR SHARMA v. POONAM SHARMA

CRMP/2057/2026 · 2026-08-04

Shri Narendra Kumar Vyas

body2026

Judgment text

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1 CGHC010296212026 2026:CGHC:34331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2057 of 2026 Dharmendra Kumar Sharma S/o Late R.S. Sharma Aged About 49 Years R/o Piyush Nagar, Kushalpur, Police Station Purani Basti, Tehsil And District Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - Poonam Sharma W/o Dharmendra Sharma Aged About 41 Years R/o Halka Patwari Gram Village Barbanda, Patwari Halka No. 14, Police Station Dharsiwa, Tehsil And District Raipur, Chhattisgarh. (Additional Address At Halka Patwari No. 14, Gram Village Barbanda, Neurdih, Through Tehsildar Dharsiwa, Tehsil And District Raipur, Chhatttisgarh.) 2 - Ms. Arya Sharma D/o Dharmendra Sharma Aged About 13 Years. 3 - Mr. Arnav Sharma S/o Dharmendra Sharma Aged About 9 Years. [Respondents No. 2 & 3 are minors through their natural Guardian mother Poonam Sharma/ Respondent No. 1] ... Respondents For Petitioner : Mr. Arun Kumar Shukla & Mr. Divyansh Shukla, Advocate. Respondent : None. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 05/08 /2026 1. This petition has been filed by the petitioner under Section 582 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for issuance of direction to the learned Family Court to decide the application filed by the petitioner under Section 127 of the Cr.P.C. read with Section 146 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for modification/ recall of the or of maintenance. 2. The record of the case would show that the petitioner has already ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2026.08.05 17:27:27 +0530 2 moved an application for grant of stay of order of maintenance which has been rejected by the learned Family Court on the count that the application under Section 127 of the Cr.P.C. is maintainable when the same is considered and allowed by the concerned Court and accordingly, directed for depositing the amount from January, 2025 to June, 2025 which comes to Rs. 1,20,000/-. 3. 1,20,000/-. 3. Considering the factual matrix of the case and also considering the fact that the application under Section 127 of the Cr.P.C. is pending since 27.01.2026, as such the learned Family Court is directed to decide the application under Section 127 of the Cr.P.C. filed by the petitioner within a period of two months from the date of receipt of copy of this order after affording opportunity of hearing to the parties, subject to deposit of the maintenance amount from January, 2025 to June, 2025 as directed by learned Family Court in it’s order dated 12.05.2026. 4. With the aforesaid direction, the instant CRMP stands disposed of. Sd/- (Narendra Kumar Vyas) Judge Arun