Smt. Anupa Khutle vs Rajendra Kumar Khutle
2023 Latest Caselaw 1060 Chatt

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                                                                     NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                  Criminal Revision No. 166 of 2023

   1.

Smt. Anupa Khutle W/o Rajendra Khutle Aged About 45 Years R/o Patharia, Police Station - Patharia, District - Mungeli At Present R/o Dipupara, Tarbahar, Bilaspur, Police Station- Tarbahar, District

- Bilaspur (C.G.)

2. Yuvraj Khutle S/o Rajendra Khutle Aged About 16 Years Minor Represented Through Mother Smt. Anupa Khutle, R/o Patharia, Police Station - Patharia, District - Mungeli At Present R/o Dipupara, Tarbahar, Bilaspur, Police Station- Tarbahar, District - Bilaspur (C.G.)

3. Kumari Yamini Khutle D/o Rajendra Khutle Aged About 12 Years Minor Represented Through Mother Smt. Anupa Khutle, R/o Patharia, Police Station - Patharia, District - Mungeli At Present R/ o Dipupara, Tarbahar, Bilaspur, Police Station- Tarbahar, District - Bilaspur (C.G.)

----Applicants Versus  Rajendra Kumar Khutle S/o Jethu Khutle, Aged About 53 Years Occupation-Clerk, Govt. Higher Secondary School, Jota, Block- Patharia, District- Mungeli (C.G.) R/o Patharia, Police Station - Patharia, District - Mungeli (C.G.)

----Non-applicant

For Applicants : Shri Ganesh Prajapati, Advocate.

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17-02-2023

1. This Criminal Revision is filed under Section 19(4) of the Family

Courts Act against the order passed by the learned Principal

Judge, Family Court, Bilaspur dated 9.1.2023 in MJC No. 929 of

2022.

2. Learned counsel for the applicant would submit that the Family

Court has awarded a meagre amount while allowing the

application for grant of interim maintenance to the present

applicants.

3. From order, it appears that the learned Family Court has awarded

Rs.1,000/- to applicant No.1 and Rs.1,500 - 1,500/- to applicants

No.2 & 3, in total Rs.4,000/-.

4. Considering the fact that the application filed under Section 125 of

the Cr.P.C. is still pending before the learned Family Court and the

parties have to adduce evidence alongwith an affidavit in

accordance with the judgment of Hon'ble Supreme Court passed

in the case of Rajnesh vs. Neha and Another, reported in 2020

SCC Online SC 903 and the applicants would get an opportunity

to prove income of the non-applicant, I am not inclined to interfere

with the order passed by the learned Family Court, however,

considering the fact that an application filed under Section 125 of

the Cr.P.C. is pending since 22.9.2022 and the case was posted

for evidence of the applicants' witnesses on 9.2.2023, it would be

expedient to request the learned Family Court to decide the main

application filed by the applicants under Section 125 of the Cr.P.C.

within a period of three months from receipt of copy of this order.

5. With the aforesaid observation, this criminal revision is

disposed of.

Sd/-

(Rakesh Mohan Pandey) Judge Nimmi