Smt. Neha Thakur vs Durgesh Thakur
2022 Latest Caselaw 748 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                                    FA(MAT) No. 35 of 2021

                            Smt. Neha Thakur Versus Durgesh Thakur

                            Proceedings through video conferencing




11/02/2022          Mr. T.K. Jha, Counsel for the Appellant.

                    Mr. Purnendra Khichariya, Counsel for the respondent.

Heard on I.A. No. 01/2021 which is an application for grant of interim relief/stay.

Learned counsel for the appellant would submit that the Restitution of Conjugal Rights passed by the Family Court is being used by the husband in the proceedings Under Section 125 of Cr.P.C., therefore, the effect and operation of the decree may be stayed.

Perusal of the decree would show that it is an order for Restitution of Conjugal Rights. The relevancy of this judgment how far is admissible in the criminal case, is to be adjudicated by the criminal court itself along with relevant circumstantial facts.

The decree for Restitution of Conjugal Rights having passed, we do not deem it proper to stay the effect and operation of the order and the counsel for the appellant is unable to satisfy us as to how the decree would be executable.

Under the circumstances, we are not inclined to stay the order for Restitution of Conjugal Rights.

                            Sd/-                                       Sd/-
                     (Goutam Bhaduri)                              (Rajani Dubey)
                          Judge                                        Judge
   Ruchi