Ku. Pooja v. Vivekanand

2 - Ku. Pooja D/o Shri Vivekanand Aged About 17 Years Minors Represented Through Their Natural Mother Petitioner No. 1 R/o Village Chanchidand, (Rampur), P.S. Chandora, Tah. Pratappur, District Surajpur (Chhattisgarh) 3 - Ku. Anchal D/o Shri Vivekanand Aged About 15 Years Minor Represented Through Their Natural Mother Petitioner No. 1, R/o Village Chanchidand, (Rampur), P.S. Chandora, Tah. Pratappur, District Surajpur (Chhattisgarh) ... Petitioner(s) versus 1 - Vivekanand S/o Shri Jagarnath Aged About 43 Years R/o Village Savitripur P.S. Chalgali, District Balrampur (Chhattisgarh) 2 - Superintendent Of Police Balrampur, District Balrampur (Chhattisgarh) 3 - Officer - Inchare P.S. Chalgali, District Balrampur (Chhattisgarh) 4 - Officer - Incharage P.S. Chandora, Distirct Surajpur (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Ms. Meena Shastri, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Advocate 2 Hon’ble Justice Shri Arvind Kumar Verma Order on Board 07/01/2025

The present petition is heard finally with the consent of the parties.

The present petition has been filed by the petitioner under Section 528 of BNSS, 2023 for compliance of the order dated 25.09.2017 passed by the JMFC, Pratapur, District- Surajpur, C.G.

Brief facts of the case is that petitioner no. 1 is wife and petitioner no. 2 and 3 are daughters of respondent no. 1 and the respondent no. 1 was not maintaining the petitioners therefore they had filed an application under Section 125 of Cr.P.C, 1973 for grant of maintenance allowance before the competent court. Learned Court has allowed the application granting Rs. 3000/- to all the applicants vide order dated 25.09.2017. learned Trial Court had also granted interim maintenance during pendency of the main case for maintenance allowance but the respondent did not pay the same to the petitioners. Being aggrieved from the same, the petitioner have filed an application under Section 125(3) of Cr.P.C., 1973 for recovery of the ordered amount of interim maintenance allowed on 24.05.2017 but such amount has not been recovered till date.

Learned counsel for the petitioner contended that despite the order of maintenance awarded by the Trial Court, the respondent no. 1 is not maintaining the petitioners. She further contended that the object behind the section 125 of CrPC is to prevent the wife, daughters, etc from starvation. Hence, such main object has been failed which invokes inherent powers described under Section 528 of BNSS, 2023.

I have heard learned counsel for the parties and perused the annexures P/1, P/2 and P/3 with utmost circumspection.

On perusal of annexures it transpires that on 24.05.2017 the petitioner have filed an application under Section 125(3) of CRPC for recovery of the ordered amount of interim maintenance allowance but such amount 3 could not be recovered. During these periods, the Learned JMFC, Pratapur, District- Surajpur has passed a final order on 25.09.2017 and directed the respondent no. 1 to pay the amount of maintenance of Rs. 3000/- per month to the petitioners herein. The petitioner then submitted an application for recovery of the amount on 10.05.2018 but the respondents did not comply the orders passed by the competent court.

In view of the above, the Learned JMFC, Pratapur, District- Sarguja is directed to ensure compliance of its order passed on 25.09.2017 and expedite the proceedings under Section 125(3) of Cr.P.C., 1973 for recovery of the awarded total amount of maintenance.