Ritesh Kumar Sharma v. Kuber Sharma

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.432 of 2015 Ritesh Kumar Sharma, son of late Shri Chandrakant Sharma, aged about 32 years, resident of infront of Anand Samaj Library, Kankali Talab Road, Brahmanpara, Raipur, Civil and Revenue District Raipur. ---- Applicant

Versus

Kuber Sharma, son of Shri Ritesh Kumar Sharma, aged about 06 years, through guardian Smt. Laxmi Tiwari, maternal grand mother (Nani), wife of Shri Narayan Prasad Tiwari, resident of Village Sakri, Police Station Chakarbhata, Civil & Revenue District Bilaspur (C.G.) ---- Non-applicant For Applicant :

Shri Rajkumar Pali, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16/09/2015 (1) Heard on admission.

(2) This criminal revision has been filed by the applicant against the impugned order dated 04.03.2015 passed by Principal Judge, Family Court, Bilaspur in M.J.C. No.601/2014 whereby, the Family Court has rejected the preliminary raised on behalf of applicant holding that the application filed by the non-applicant to be maintainable in law. (3) After hearing learned counsel appearing for the applicant, I do not find any jurisdictional error in the impugned order dated 04.03.2015 warranting interference by this Court in its revisional jurisdiction as the non-applicant is entitled to maintain an application for maintenance through her maternal grandmother.

(4) Accordingly, this revision deserves to be and is dismissed at admission stage. However, the Family Court is directed to expedite the final maintenance proceeding.

Sd/- (Sanjay K. Agrawal) Judge L/-