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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Judgment reserved on : 25/01/2022

Judgment delivered on: 01 /04/2022

CRMP No. 158 of 2022

• Dilip Sharma S/o Late Shri Ram Lochan Sharma, Aged About

52 Years, R/o Flat No. 202, Chaman Heights, Chadda Badi,

Nehru Nagar, Bilaspur, P. S. Civil Line, District Bilaspur

Chhattisgarh.

---- Petitioner

Versus

1. Swati Sharma D/o Shri Dilip Sharma, Aged About 22 Years,

R/o H. No. Hig 1/128, Sector-1, Deen Dayal Upadhyay Nagar,

Police Station Deen Dayal Upadhyay Nagar, Raipur Tehsil And

District Raipur Chhattisgarh.

2. Shashank Sharma S/o Dilip Sharma, Aged About 17 Years.

Respondent No. 02, Is Minor Through Natural Guardian

Mother Madhulika Sharma, R/o H. No. Hig 1/128, Sector-1,

Deen Dayal Upadhyay Nagar, Police Station Deen Dayal

Upadhyay Nagar, Raipur Tehsil And District Raipur

Chhattisgarh.

---- Respondents

For Petitioner

: Mr. Ravindra Sharma, Adv.

For Respondents

: Mr. Anish Tiwari, Adv

Hon'ble Smt. Justice Rajani Dubey, J.

C A V Order

1.

This petition has been 昀椀led under Section 482 of Cr.P.C.

against the order dated 05.01.2022 passed by the First Additional

Principal Judge, Family Court, Raipur in Execution Case (MJC) No.

558/2018, whereby learned Judge has passed the order of

maintenance of Rs. 3,71,000/- in favour of the respondents.

2.

The fact of the case, in short, is that marriage of the

petitioner and mother of the respondents namely Smt. Madhulika

Sharma was solemnized on 26.01.1999 and out of their wedlock

respondents No. 1 & 2 were born on 17.05.2000 & 23.02.2005

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respectively and she has been living separately along with the

respondents to her maternal house since May 2013. On 07.09.2013

Madhulika Sharma 昀椀led an application under Section 125 of Cr.P.C.

for grant of maintenance before Principal Judge, Family Court

Raipur which was registered as MJC Case No. 279/2013 in which

learned Family Court vide order dated 27.06.2015, passed ex-parte

order and granted Rs. 5,000/- per month in favour of Madhulika

Sharma and Rs. 6,000/- each, in favour of the respondents.

Thereafter, when petitioner came to know about the ex-parte order

against him, he preferred the revision petition Registered as

Criminal Revision No. 519/2016 and the same was disposed of by

this Court vide order dated 17.06.2016 with liberty to approach

before the Court below by 昀椀ling an application under Section 126(2)

of Cr.P.C. In compliance of the order of High Court, petitioner

preferred an application under Section 126(2) which was allowed by

the trial Court vide order dated 20.09.2016 and the impugned order

dated 27.06.2015 was set-aside and a direction was issued to

reinstate the original case of 125 Cr.P.C.

3.

After hearing afresh, learned Family Court, vide order dated

22.03.2018, allowed the application for grant of maintenance and

awarded Rs. 8,000/- in favour of respondent Swati Sharma and Rs.

7,000/- in favour of respondent Shashank Sharma (total Rs.

15,000/-) towards maintenance. Against that order, petitioner

preferred criminal revision before this Court, registered as Criminal

Revision No. 407/2018 and the same was dismissed vide order

dated 04.12.2019 a昀케rming the impugned order dated 22.03.2018.

4.

On 04.08.2018, the respondents 昀椀led an application under

Section 125(3) Cr.P.C. for execution of order dated 22.03.2018. The

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petitioner appeared before the trial Court and 昀椀led his reply of the

application. On 04.02.2020, petitioner 昀椀led an application under

Section 127 of Cr.P.C. which is still pending. On 04.03.2021,

respondents again 昀椀led an application for payment of maintenance.

On 27.03.2021 petitioner 昀椀led his reply of the application and

speci昀椀cally refuted the claim of the respondents stating that the

respondent No. 1 is not entitled to get any maintenance from the

date of attaining her majority i.e. 17.05.2018 becau