Anil Sapre v. Smt. Shanti Bai Sapre

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 1033 of 2019 • Anil Sapre S/o Late Shri Bhallu Ram Sapre Aged About 52 Years Occupation - Service, At District Co - Operative Bank Branch Mungeli, R/o Daupara Chowk Mungeli, Thana, Tahsil And District - Mungeli Chhattisgarh.

---- Applicant

Versus

• Smt. Shanti Bai Sapre W/o Late Shri Bhallu Ram Sapre Aged About 70 Years C/o Smt. Babita Pal, Shivanand Nagar, Sector - 3, Near G.S. Complex, Jhanda Cowk Raipur, Thana - Khamtarai, Tahsil And District Raipur Chhattisgarh.

----Respondent For Applicant : Shri Sunil Sahu, Advocate For Respondent : None Hon'ble Smt. Justice Rajani Dubey Order On Board 28.8.2019 1.

Heard on admission.

2.

This revision is directed against the order dated 2.8.2019 passed by the First Additional Principal Judge, Family Court, Raipur (CG) in Case No.409/2018, whereby, the Court below has allowed the application filed by the respondent(mother) and granted her interim maintenance of Rs.5000/- per month.

3.

Learned counsel for the applicant submits that the trial Court has failed to appreciate that the respondent is mother of the applicant and she has three sons including the present applicant and she get property in family partition, therefore, she is able to maintain herself. On account of family dispute, she has filed this application

to harass the applicant, therefore the order passed by the Court below is not sustainable and the same is liable to be set aside. He submits that direction may be given to the trial Court to decide the main petition as early as possible.

4.

Upon due consideration, instead of issuing notice to the respondent, it is directed that the trial Court shall dispose of the main petition under Section 125 Cr.P.C. on cooperation by the parties as early as possible preferably within a period of six months from the next date of hearing.

5.

It is made clear that if any delay occurs on behalf of the respondent then the trial Court shall reconsider the application for interim maintenance.

6.

The revision is accordingly allowed.

Sd/ (Rajani Dubey) JUDGE sunita