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2026 DAILYLAW 4821 (CHH)

SWATI DHALLE v. VIKAS DHALLE

CRR/456/2026 · 2026-04-05

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Judgment text

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1 2026:CGHC:15548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 456 of 2026 Swati Dhalle W/o Vikash Kumar Dhalle Aged About 36 Years Residence Of Ward No.4, Bheem Nagar Supela, Bhilai Tahsil And District- Durg (C.G.) ... Applicant versus Vikas Dhalle S/o Sushil Kumar Dhalle Aged About 41 Years R/o Quarter No. 24/06- Dixit Colony (A), Gali No. 04, New Kranti Darshan College Nehrunagar, Tahsil And District Durg (C.G.) ---- Respondents For Applicant : Mr. Ravipal Maheshwari, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.04.2026 1. Heard Mr. Ravipal Maheshwari, learned counsel appearing for the applicant. 2. This Criminal Revision is being aggrieved of the order dated 02.03.2026 passed by the learned Family Court, District – Durg (C.G.) in Misc. Cr. Case No. 479/2025, whereby the learned Family Court, dismissed the application under Section 144 of BNSS filed by the applicant for grant of maintenance. 3. The prosecution story in brief is that the marriage between the applicant and the respondent was solemnized on 27.04.2015 as per Hindu Custom, since then the applicant had been living along with the respondent in their residential house peacefully. The respondent has started torturing the applicant in small issues like house work, laziness and committed abusing and marpit with her. The respondent had been illicit relationship with another girl, due to which the respondent did not RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 keep proper relation with the applicant and issues disputes in general word that he could have succeeded for Divorce. The applicant has been bared all of these disputes and tortures that could be maintained her marriage life, due to not complained anyone but the respondent had been distance physical relation and tortured mentally and treated like servant, due to which the applicant left her matrimonial house. The parents of the applicant tried to settle their disputes but the respondent ignored the same, the the applicant has to file applicant under Section 144 of BNSS for seeking maintenance against the respondent before the Family Court concerned. 4. The respondent herein has filed the reply to the said application and has denied the averments raised by the applicant. The learned Family Court has recorded the statement of the parties. The witnesses were examined before the learned Family Court including the applicant and the respondent. The learned Family Court by passing the impugned order, has dismissed the application under Section 144 of BNSS filed by the applicant for grant of maintenance. Hence, this revision. 5. Learned counsel appearing for the applicant submits that the impugned order is contrary to the facts, law and circumstances of this case. It is further submitted that the applicant was being ill treated and mentally harassed by the respondent, which made the applicant to live separately from the respondent and the same is sufficient ground for a wife to live separately. Therefore, the impugned order is contrary to the facts, and the same is liable to be modified. 6. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 3 7. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the order of the Family Court, it transpires that no any good ground has been raised on merits by the applicants’ side, thus, it transpires that after hearing all the statements of the witnesses and perusing the evidence available on record, the learned Family Court has passed the impugned order, and there is no any illegality and infirmity while passing the same which requires interference by this Court. 8. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. 9. Let a certified copy of this order as well as original records be transmitted to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar