In executing maintenance orders under Section 125(3) Cr.P.C., the Magistrate must strictly follow the hierarchy of recovery methods provided under Section 421 Cr.P.C. Attachment and sale of property is a mandatory condition precedent before any order for detention or direct salary deduction can be passed.

CAV ORDER

1. Heard Mr. Prashant Jha, petitioner in person as well as Ms. Rashi Tiwari, learned counsel, appearing for the respondent.

2. The present revision petition is being filed under section 19(4) of Family Court's Act 1984 read with Section 438 & 442 of BNSS of 2023 by the petitioner with the following prayers :-

(1) It is therefore prayed that this Hon’ble Court may kindly be pleased to call the entire record of the case for it’s kind perusal.

(2) It is therefore prayed that this Hon’ble Court may kindly be pleased to set aside impugned order (Annexure P/1) dated 31.07.2025, in the interest of justice.

(3) It is therefore prayed that this Hon’ble Court may kindly be pleased set aside impugned order (Annexure P/2) dated 13.03.2025, in the interest of justice.

(4) That, the Hon’ble Court is requested to set aside M.C.C. No. 502/2022 (Annexure P/3) on ground of cruel behaviour of respondent.”

3. Brief facts as reflects from the pleading and documents annexed with the petition are that the marriage between the petitioner (husband) and the respondent (wife) was solemnized on 10.06.2017 as per their rites and customs. At the time of marriage, it was settled between the parties that the wife will continue her studies at Bilaspur as the husband was also in service at Bilaspur. The brother of the husband has also got married on the next day of the marriage of the parties. Immediately thereafter, the husband and his parents have compared the dowry of the husband and his brother and started teasing the wife and started harassing her. The rude behaviour of the husband and his parents would become aggravating day by day but the matrimonial knot between them was started losing. When the wife complaining the difficulties to her in laws, they also asked her to keep silence and not to disclose the same to her parents and pressurizing her to give divorce to their son (husband). Ultimately, the wife was sent to her parents’ house in the year 2019. Even after repeated efforts and making telephonic calls to the husband, he has not taken her back with him.

4. The husband had filed an application before the learned Family Court, Bemetara, for restitution of conjugal rights. In the proceeding of restitution of conjugal rights, the wife shown her willingness to reside with her husband and had also filed an application under Section 24 of the Hindu Marriage Act, 1955, for grant of maintenance pendente-lite. The matter was compromised between the parties and the husband has taken her back with him where she resided with her husband for about 02 months. After about 02 months, the husband again started harassing his wife and pressurized her to give divorce to him and he started abusing and beating her. She again came back to her parents’ house and with the intervention of the community members and senior members of the family, the matter was again settled between them, and she again started residing with her husband. When the incident started again, she returned back to her parents’ house and made a complaint to the Mahila Thana, Raipur. During the counselling, the matter was again compromised with the condition that both of them would reside at Raipur and they started residing at Raipur at Professor Colony, at Raipur in a tenanted house. When the respondent wife was again harassed by the petitioner husband, she started residing at hostel at Purani