Chhattisgarh High Court
CRMP/2484/2026 of SMT. USHA CHELANI Vs SHRI RAJESH CHELANI on 22 September 2026
2026:CGHC:41474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2484 of 2026 Smt. Usha Chelani W/o Shri Rajesh Chelani Aged About 58 Years R/o A 70 Rajesh Dewani C/o Usha Chelani Radhaswami Nagar Ring Road No. 1 Near New Bus Stand Bhatagaon, District- Raipur (C.G.) ... Petitioner
CGHC010364092026
2026:CGHC:41474
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 2484 of 2026
Smt. Usha Chelani W/o Shri Rajesh Chelani Aged About 58 Years R/o A 70
Rajesh Dewani C/o Usha Chelani Radhaswami Nagar Ring Road No. 1
Near New Bus Stand Bhatagaon, District- Raipur (C.G.) ... Petitioner
Versus
Shri Rajesh Chelani S/o Late Shri Govindram Chelani Aged About 56 Years R/o Flat No. 1- B Om Driving School Building Near Gramodaya School Jari Patka, Police Station Jaripatka Nagpur Maharashtra - 440014
... Respondent
For Petitioner
: Mr. Nikhil Parakh, Advocate.
SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD
23/09/2026
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1. The petitioner has filed this petition challenging the order dated 08.09.2026, whereby, in the proceedings initiated under Section 144 of the BNSS for grant of maintenance, the petitioner had filed an application under Section 147 of the BNSS seeking enforcement of the order of interim maintenance.
2. The learned Family Court, after considering the said application, directed that the same to be registered separately. It is this order which is under challenge in the present petition.
3. Learned counsel for the petitioner submits that, once an order granting interim maintenance of Rs.7,000/- per month has been passed, it is for the learned Family Court to ensure compliance with the said order and payment of the interim maintenance to the petitioner. It is submitted that, therefore, the petitioner had filed an application under Section 147 of the BNSS in the same proceedings, registered as Case No.107 of 2021. However, the learned Family Court dismissed the application.
4. I have heard learned counsel for the petitioner and perused the impugned order dated 08.09.2026.
5. Upon consideration of the submissions made by learned counsel for the petitioner, it appears that the learned Family Court has neither rejected nor disposed of the said application. The learned Family Court has merely directed that the application be registered separately for the purpose of taking further proceedings in accordance with law. A perusal of Section 147 of the BNSS shows that the said provision provides for enforcement of an order of maintenance or interim maintenance. The amount of maintenance awarded by the Magistrate may be recovered by the person in whose favour such order has been passed by making an appropriate application before the Magistrate for enforcement of the said order. Thus, the application filed by the petitioner has not been rejected rather, the same has been directed to be registered separately. From the impugned order, it also appears that the petitioner has been directed to furnish the relevant particulars and an affidavit as required for further proceedings.
6. In view of the aforesaid facts and circumstances of the case, I do not find any illegality or irregularities in the impugned order passed by the learned Family Court directing that the application submitted under Section 147 of the BNSS be registered separately and requiring the petitioner to furnish the relevant particulars and affidavit for further proceedings in accordance with law.
7. Accordingly, the present CRMP is dismissed.
- Sd/- - Sd/- (Parth Prateem Sahu) Judge vaibhav