Narendra Sharma v. Smt. Pushpa Manikpuri (Sharma)

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 420 of 2020 • Narendra Sharma S/o Shri B.L. Sharma Aged About 50 Years R/o Gandhi Chowk, Behind City Dispensary, Police Station- City Kotwali, Bilaspur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

1. Smt. Pushpa Manikpuri (Sharma) W/o Narendra Sharma, Aged About 34 Years, R/o New Sarkanda, Behind Khaira Bada, Muktidham Chowk, Police Station- Sarkanda, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

2. Satish Das Manikpuri S/o Shri Bhagvat Das Manikpuri, Aged About 32 Years, Occupation- Clerk, Correspondence Address- Shri Mahant Laldas Girls Higher Secondary School, Shivrinarayan, Tahsil and District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ----Respondents For Applicant - Shri Yogendra Pandey, Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 18-03-2020 1.

This petition has been brought challenging the order dated 19-12-2019 passed by the Principal Judge, Family Court, Bilaspur, District Bilaspur, Chhattisgarh in MJC No.417/2018 by which the order of interim maintenance has been passed against the applicant.

2.

It is submitted that the respondent No.1 has no entitlement to make any claim for maintenance against the applicant. The respondent No.1 is already married and her marital status is still continuing regarding which documents are filed which were not at all appreciated by the learned Family Court. Therefore, the impugned order needs interference. 3.

Considered on the submission and also perused the record. As the order passed is an order on interim basis only with respect to the prima facie circumstances that learned Family Court has found existing, the question raised by the applicant cannot be decided at a preliminary stage and also at

-2the stage of deciding the application for interim maintenance. The question needs examination in the inquiry which is to be held further in the proceeding before the Family Court. Therefore, this petition is disposed off at motion stage and the learned Family Court is directed to expedite the proceeding in the case and conclude the same preferably within a period of three months. 4.

The revision petition stands disposed off.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil