Chattisgarh High Court
Dileshwar Sahu vs Smt. Hemlata Sao on 23 June, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:27053
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 743 of 2025
Dileshwar Sahu S/o Subhash Sahu Aged About 40 Years Occupation -
Business, R/o Village Bade Kapartunga, Baramkela, District Sarangarh -
Bilaigarh (C.G.).
... Applicant
versus
1 - Smt. Hemlata Sao W/o Dileshwar Sahu Aged About 27 Years Occupation
- Housewife, R/o Village Bade Hardi, Tahsil Pusaur, District Raigarh (C.G.).
2 - Minor Riyansh Sao S/o Dileshwar Sahu Aged About 2 Years Through
Legal Guardian Smt. Hemlata Sao, R/o Village Bade Hardi, Tahsil Pusaur,
District Raigarh (C.G.).
... Non-applicant
For Applicant : Mr. Ravi Kumar Banjare, Advocate
For Respondent : None present.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
23.06.2025
1. Heard Mr. Ravi Kumar Banjare, learned counsel appearing for the
applicant.
2. This Criminal Revision has been preferred by applicant/husband under
Section 19 (4) of The Family Courts Act, 1984 challenging the
impugned order dated 29.04.2025 passed by the Judge, Family Court,
Raigarh, District - Raigarh (C.G.) in Cr. M.J.C. No. F-51/2024, whereby
the learned Family Court, Raigarh, District - Raigarh has closed
opportunity of the applicant / husband to adduce evidence in his
defence due to non-payment of interim maintenance amount of Rs.
4,000/- by him to non-applicants, as ordered by the Family Court on
07.10.2024.
3. Facts of the case, in nutshell, are that marriage of the
applicant/husband was solemnized with non-applicant/wife on
02.05.2019 as per Hindu customs and rituals and they have been
blessed with male child, aged about two years at present. At the time of
marriage, parents of the non-applicant No. 1 / wife gave Stridhan,
ornaments and clothes to the applicant/husband and his family. After
some time of the marriage, the applicant and his family members
started harassing physically and mentally to the non-applicant No. 1
and out of such humiliation & frustration, she left the house of
applicant/husband and residing with her parents alongwith her minor
child. It is stated hat she has no source of income to earn her
livelihood, therefore, non-applicant No. 1/wife and her minor son filed
an application under Section 125 of Cr.P.C. seeking maintenance from
the applicant/husband before the learned Family Court Raigarh, which
was registered as Cr.M.J.C. No. F-51/2024, in which, after issuance of
notice to the present applicant, he submitted his reply, thereafter, the
Family Court has ordered to grant interim maintenance to the non-
applicats to the tune of Rs. 4,000/- vide order dated 07.10.2014 against
the applicant, but the applicant till date not given any maintenance to
the applicant. Thereafter, non-applicant was granted last opportunity to
pay interim maintenance amount on 12.02.2025. Despite that, till no
amount of interim - maintenance has been paid to the non-applicant,
therefore, learned trial Court, in view of the judgment rendered by the
Apex Court in the matter of Rajneesh Vs. Neha reported in (2021) 2
SCC 324, has closed the opportunity of applicant to adduce evidence
in his defence, due to non-payment of interim maintenance by the
applicant and fixed the case on 13.05.2025 for non-applicants'
evidence. Hence, this revision. .
4. Learned counsel appearing for the applicant submits that the interim
maintenance was granted in favour of the non-applicants No. 1 and 2
by the Family Court, Raigarh vide order dated 07.10.2014 to the tune
of Rs. 4000/- per month. He submits that since applicant/husband is
said to have defaulted in payment of interim maintenance, therefore,
the Family Court has closed the opportunity of the applicant to
adduced evidence in his defence. He submits that the applicant has
deposited the interim maintenance of Rs.4,000/- on 18.02.2025 once
only, so far as balance payment is concerned he stated that he is
ready to deposit the same, therefore, it is prayed that this revision may
be allowed by setting aside the order dated 29.4.2025 and granted
opportunity to the applicant to adduce evidence in his defence.
5. None appears for the respondent to argue the case.
6. I have heard learned counsel for the petitioner and perused the order-
sheets annexed with the memo of revision.
7. In view of the submissions made by counsel for the applicant /husband,
it is ordered that the applicant shall deposit the balance amount of
interim maintenance before the Family Court for respondent Nos. 1 and
2 to the tune of Rs. 4,000/-pm, thereafter the Family Court will re-open
the matter and allow the present applicant to lead his evidence in his
defense and the matter shall be decided in accordance with law
expeditiously . However, if the applicant fails to deposit the balance
amount within the period of two weeks from today, the matter would be
consigned to the record.
8. With the aforesaid observations & directions, the criminal revision
stands disposed of with the direction that the concerned Family Court
is at liberty to conclude the proceedings under Section 125 of CrPC,
preferably within a period of three months from today, if there is no any
legal impediment.
9. Registrar (Judicial) is directed to transmit a certified copy of this order
to the concerned trial Court for necessary compliance and follow up
action, if any.
Sd/-
(Ramesh Sinha)
Chief Justice
amita
AMITA Digitally signed
by AMITA DUBEY
Date: 2025.06.26
DUBEY 20:28:44 +0530
