High Court Of ChhattisgarhWP227/27/2021disposed off

Smt. Bhagwati Sahu v. Shiv Kumar Sahu

2021-01-20Hon'Ble Shri Justice Rajendra Chandra Singh Samant1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No.

• Smt. Bhagwati Sahu W/o Shiv Kumar Sahu Aged About 36 Years Through C/o Hemlal Sahu, R/o Ramnagar, Muktidham, Supela, Bhilai, Tahsil And District- Durg (Chhattisgarh) ---- Petitioner

Versus

1. Shiv Kumar Sahu S/o Late Anand Ram Sahu Aged About 44 Years R/o Basti Rishali, Police Station Rishali, District Durg (Chhattisgarh) At Present Posted As Teacher In Higher Secondary School, Teresara, Police Station Somani, District Rajnandgaon (Chhattisgarh)

2. Third Additional Principal Judge Family Court, Durg, District Durg (Chhattisgarh)

3. State Of Chhattisgarh Through Principal Secretary (Law), Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (Chhattisgarh) ---- Respondents For Petitioner - Mr. Tarendra Kumar Jha, Advocate.

For Respondents No.2 & 3 - Mr. Devendra Pratap Singh, Dy.A.G.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 20-01-2021 Heard.

1. The Division Bench of this Court has passed order dated 11.04.2018 in F.A.M. No.29/2013 directing the respondent to make payment of maintenance of Rs.10,000/- per month.

2. The grievance of the petitioner is this that the respondent is not complying with the order passed. The jurisdiction under Article 227 of Constitution of India cannot be exercised in such a petition. However, it is observed that the petitioner is at liberty to make prayer before the learned Family Court to expedite the matter in execution case u/s 125(3) Cr.P.C. for realization of the arrears of the maintenance amount.

3. Accordingly, this petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Monika