MANMOHAN GOPAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With consent, heard the counsel for parties. The present miscellaneous application has been filed in one disposed of criminal appeal(Crl. A. No.s 85-86/2021.) in which this court granted bail to the mother-in-law and father-in-law (Petitioners herein) of the Respondent No.2 herein (hereafter "R2" or "applicant" interchangeably) for offences under 420, 406, 468, 34, 120B of IPC.

(2.) The present applications are filed by the daughter in law (original complainant and R2) for recovery of both arrears of maintenance and monthly maintenance of Rs.1,27,500..00 She is seeking from this court to direct to the family court of Bilaspur to decide the petition under Sec. 125(3) of CrPC within 6 months on the father-in-law and mother-in-law (now deceased) on the ground that she lives with her widowed mother, on whom she is dependent for expenses, including litigation expenses.

(3.) The factual background of the case is that Petitioner's son, Mr. Varun Gopal got married to R2 sometime in the year 2012-13. At the relevant time, Varun Gopal was employed in Australia. Within two years of marriage, the matrimonial relationship deteriorated leading to various legal proceedings. In response to the criminal charges pressed by R2, Varun Gopal filed anticipatory bail application, but relief was denied to him. Since then, Varun Gopal has not participated in the criminal proceedings or in the maintenance proceedings. The present petitioners also sought anticipatory bail to which orders were passed by this Court directing them to deposit Rs.40.00 lakhs towards arrears of maintenance. The money having been not deposited, the anticipatory bail was not granted and they were arrested. After 10 months in custody, this court by order dtd. 12/7/2019 directed their release on bail.