Vinod Dewangan v. Smt. Deepshri Dewangan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 1171 of 2016 • Vinod Dewangan Aged About 34 (33) Years S/o Shri Vivek Chand Dewangan, R/o Tulsipur, Gali No.02, Rajnandgaon, District Rajnandgaon, Chhattisgarh. Presently Residing At- Flat No. 19 A, Ashish Plaza, Shraddha Associate, Thirgaon- Pune 411033, Chhattisgarh ---- Applicant

Versus

1. Smt. Deepshri Dewangan Aged About 28 Years Caste Kosta,

2. Minor Adishri Dewangan 13 Months, D/o Shri Vinod Dewangan Through Natural Guardian Mother Smt Deepshri Dewangan, Both are presently Resided At Maalideepa, Ward No.43, Tahsil And District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ----Respondents For Applicant : Shri Anoop Majumdar, Advocate For Respondents : Shri Rajendra Tripathi, Advocate Hon'ble Smt. Justice Rajani Dubey Order On Board 26.9.2019 1.

Heard.

2.

After arguing for some time, learned counsel for the applicant seeks permission of this Court to withdraw this Criminal Revision with liberty to file an application under Order 9 Rule 13 C.P.C. However, he would pray that direction may be given to the Family Court to decide the case at the earliest.

3.

Learned counsel for the respondents has no objection to the prayer made by learned counsel for the applicant. However, he submits that the order of interim maintenance may be continued.

4.

While permitting the applicant to withdraw the Criminal Revision, it is directed that the applicant shall pay interim maintenance to the respondents as per directions of this Court vide order dated 28.6.2017 till the final disposal of the application filed under Order 9 Rule 13 C.P.C. The applicant shall file application under Order 9 Rule 13 C.P.C. before the Family Court within 15 days and the Family Court shall decide the application at the earliest preferably within a period of three months.

5.

The applicant shall submit certified copy of this order before the Family Court within a week.

6.

Accordingly, the Criminal Revision is dismissed as withdrawn with the aforesaid directions.

Sd/ (Rajani Dubey) JUDGE sunita