Nafr High Court
Case Details
1 2025:CGHC:3088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 86 of 2025 Shubham Soni S/o Rajendra Soni Aged About 30 Years R/o Ramnagar, Buddh Chowk, Gudhiyari, Raipur, Tahsil and District Raipur, C.G. ... Applicant versus
Legal Reasoning
1 - Smt. Neha Soni W/o Shubham Soni Aged About 29 Years D/o Shri Dayalu Soni, 2 - Mishthi Soni D/o Shubham Soni Aged About 01 Years 05 Month Minor Through Legal Natural Guardian Mother Smt. Neha Soni, Both are R/o R.V.H. Colony Khamtarai, Raipur, Tahsil and District Raipur C.G. ... Respondents For Applicant : Mr. Bharat Lal Sahu, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 17/01/2025 Heard. 1. This criminal revision has been preferred by the applicant under Section 19(4) of the Family Courts Act, 1984 being aggrieved by the order dated 20.12.2024 passed by the learned Principal Judge, Family Court, Raipur, District Raipur (C.G.) in Case No.748/2024, whereby the Family Court has granted interim maintenance total amount of 2 Rs.6,000/- per month in which Rs.4,000/- for respondent No.1 and Rs.2,000/- for respondent No.2, hence this revision is being filed on the following facts. 2. Brief facts of this case are that on 01.03.2022, the applicant had solemnized marriage along with respondent No.1 according to Hindu Custom since then the respondent no. 1 was living with applicant as wife at her matrimonial house and on their wedlock, the respondent no. 2 born. After some time of marriage, the applicant and his family members were harassing and torturing in the name of less than dowry and has also committed marpeet with the respondent no. 1 by using filthy language and the applicant had also demanded dowry with cruel from the respondent no. 1, and hence the respondent no. 1 left at her matrimonial house and residing with her daughter/respondent no. 2 at her parental house. The respondent no.1 has no any source of income for survival while applicant is working in private sector and on account of his work, he earns Rs. 20,000/- per month and also having pickup vehicle and on account of this, he obtained amount of Rs. 30,000/- and has also given his house for rent from which he obtained Rs. 25,000/- per month and hence, the respondents had filed an application under Section 125 of Cr.P.C. for granting maintenance with application for seeking interim maintenance amount of Rs.30,000/- per month against the applicant. 3 3. After issuing the notice to the applicant, the applicant has filed reply and denied the all averment pleaded in the application. The learned Family Court passed the order dated 20.12.2024, whereby allowed the interim maintenance application of the respondents and directed the applicant to pay the maintenance amount of Rs. 6,000/- per month (Rs. 4,000/- for respondent no. 1 and Rs. 2,000/- for respondent no. 2). Hence, this revision. 4. Learned counsel for the applicant contended that the impugned order passed by learned the family court below is completely illegal, erroneous, arbitrary, and contrary to the evidence and documents submitted by the applicant. He further contented that After few day of marriage, the respondent/applicant on own motion left the house of the applicant, therefore he is not able to get the benefit of interim maintenance under the provision of Section 125 of Cr.P.C. The applicant is suffering from mentally weakness and his treatment is going on continuously in the Raipur Hospital whereas the respondent no. 1 is working in the Forest Department on which she earns Rs. 10,000/- and her condition is better from the applicant. The learned Family Court has failed to see that the applicant has never acted with the respondent and the applicant has always try to manage his matrimonial life, but the respondent no. 1 has refused to live with applicant together and hence, the interim maintenance is liable to be set-aside. It is therefore, that this Hon'ble Court may kindly be pleased to allowed criminal revision and set-aside impugned order dated 4 20.12.2024 passed by the learned Family Court Raipur, District Raipur Chhattisgarh or granted interim maintenance amount of Rs. 6,000/- may be reduced, in the interest of justice. 5. I have heard learned counsel for the applicant and perused the impugned order available on record with utmost circumspection. 6. Considering the facts of the case, submission made by learned counsel for the applicant and from perusal of the record, it is evident that after taking into consideration, the learned Family Court has granted interim maintenance amount of Rs.6,000/- per month (Rs.4,000/- for respondent No.1 and Rs.2,000/- to respondent No.2). 7. From perusal of the record of the trial Court, it transpires that respondent No.1/wife has no high source of income, she is residing in her parental home with her minor daughter/respondent No.2 and she is struggling to support herself, hence, the Family Court granted the interim maintenance to the non-applicants/respondents under Section 125 of CrPC, applicant is husband of the respondent No.1 and father of respondent No.2, has to pay the said interim maintenance amount. 8. Further, on perusal of the order under challenge, it is evident that the learned Family Court has discussed the factors while arriving at a finding is just and proper. From perusal of the same, it is evident that the applicant and respondent were married according to their customs and it is alleged that due to the harassment by the applicant, 5 respondent had to reside separately. Thereafter, she is facing great hardships and is unable to maintain herself. The respondents have been living separately from the applicant after they were deserted and hence, the learned Family Court has rightly determined the amount of maintenance to the tune of Rs.6,000/- per month to the respondents, therefore, in the opinion of this Court that there is no illegality and infirmity in the impugned order dated 20.12.2024 (Annexure A-1) passed by the Family Court, Raipur (C.G.). 9. Accordingly, the present criminal revision being devoid of merit is liable
Decision
to be and is hereby dismissed and stands disposed of. VASANT KUMAR Digitally signed by VASANT KUMAR Vasant Sd/- (Arvind Kumar Verma) Judge