DAMAYANTI CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ petition has been filed by the petitioners, the wife and daughter, respectively, of respondent No.5 Kailash Chandrakar, that despite maintenance being granted to them, it is not being paid by respondent No.5 and is avoiding the orders/summons/warrants of the Court. Pursuant to which, this Court has passed the order on 5/2/2021 directing the Collector, Mahasamund to file documents showing the movable and immovable properties of respondent No.5, which has been submitted by the memo dtd. 11/2/2021, in which movable and immovable properties of respondent No.5 have been mentioned.

(2.) In that view of the matter, Mr. Singh, learned counsel for the petitioners, submits that in light of the decision rendered by the Supreme Court in the matter of Rajnesh vs Neha and another, 2020 SCC Online SC 903 the order of award of maintenance be executed and the petitioners be given maintenance by the respondent No.5 by disposing off his movable and immovable properties.

(3.) The Supreme Court with regard to the execution of the order of maintenance has passed the following directions in the matter of Rajnesh (supra) in para 80 as under: