Amit Kumar Pandey S/o Late Kishore Pandey Aged About 35 Years R/o Shubham Vihar v. Smt. Astha Pandey W/o Amit Kuamr Pandey Aged About 27 Years R/o Gauri Ganesh
Case Details
1 2025:CGHC:28727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 182 of 2023 Amit Kumar Pandey S/o Late Kishore Pandey Aged About 35 Years R/o Shubham Vihar, Near Lafagarh Gas Agency, Bilaspur, Tahsil And District Bilaspur (C.G.) And Posted As Assistant Grade - 3, Govt. Higher Secondary School (Boys), Sarkanda, Police Station Sarkanda, Bilaspur Chhattisgarh ... Applicant versus Smt. Astha Pandey W/o Amit Kuamr Pandey Aged About 27 Years R/o Gauri Ganesh Colony, Mangla, Bilaspur District Bilaspur Chhattisgarh ... Respondent For Applicant : Ms. Arya Shrivastava, Advocate. For Respondent : None.
Legal Reasoning
ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.01 10:58:02 +0530 27.06.2025 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 1. 2. 3. Heard Ms. Arya Shrivastava, learned counsel, appearing for the applicant. None appeared on behalf of the respondent to press this revision petition when the case is called out for hearing today. The present revision has been filed by the applicant with the following prayer: 2 “ It is therefore, prayed that the revision petition may kindly be allowed the impugned order dated 10.11.2020 passed in M.Cr. Case No. 33/2022 passed by the learned Principal Judge, Family Courts, Raigarh, (C.G.), may kindly be set aside.” 4. Brief facts of the case that the marriage between the applicant and the respondent was solemnized on 19.05.2020 as per Hindu rites and rituals at Bilaspur (C.G.), the applicant is taking care of his ailing mother, who is completely dependent on him and his two brothers. The applicant himself is not maintaining good health nowadays, and his mother also requires physical assistance. In today’s time, most literate girls of marriageable age are unwilling to live in a joint family and prefer to live only with their spouse. That just a few days after the marriage, the applicant was shocked to witness a change in the behavior of the respondent, as she began fighting with the applicant and his family members without any reasonable cause. Moreover, all the domestic chores of the respondent were being managed by the applicant’s mother. The respondent used to leave the house without informing the applicant or his family. When the applicant attempted to console her, she threatened him, claiming that she had connections in the police and would have the applicant and his entire family put behind bars if they tried to stop her from doing what she wanted. Due to these constant quarrels and the respondent’s ill behavior, the applicant became mentally disturbed, which ultimately led to a deterioration of his mental health. It is relevant to mention that, in order to create a pretext for leaving the matrimonial home, the respondent started picking fights with everyone at home. She frequently 3 threatened the applicant’s mother and brothers that she would file a false dowry harassment case and have them imprisoned. Under these threats, the applicant’s mother even started depositing money in the respondent’s bank account. However, the threats did not stop. On one occasion, the respondent went to the extent of physically assaulting her mother-in-law. Consequently, the applicant’s mother lodged a written complaint with the Superintendent of Police, Bilaspur, on 17.12.2020. A subsequent complaint was also filed with the Station House OfÏcer, Civil Lines Police Station, Bilaspur, on 29.12.2020, which was registered at Mahila Thana, Bilaspur, under Complaint No. 78/2020 dated 29.12.2020. 5. The respondent did not want to stay with the applicant and his family members. After creating a ground to leave the petitioner’s home, she went to her parental house and thereafter began filing false, baseless, and malicious litigations. It is further submitted that while leaving, the respondent retained various valuable belongings of the applicant, such as a gold ring, locket and chain, TV, laptop, bank passbook, cheque book, guitar, karaoke system, amplifier, headphones, earphones, etc. Despite retaining all these items, the respondent is still demanding maintenance. The respondent had earlier preferred a writ petition in the nature of habeas corpus, registered as W.P. (Habeas
Decision
Corpus) No. 13/2021, which was disposed of by the Hon’ble Division Bench. Thereafter, the respondent filed several complaints at Mahila Thana, Civil Lines Police Station, and before the Superintendent of Police, all at Bilaspur. The respondent has also filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, before the learned Judicial Magistrate, First Class, Bilaspur, 4 which is currently pending consideration. As mentioned in the foregoing paragraphs, the applicant is not in good health. He is frequently admitted to the hospital or is on medical leave. As a result, he has never drawn his full salary. Whatever he earns, he uses to support his mother and brothers. A salary certificate issued by the Principal, Government Higher Secondary School, Bilaspur, for the months of August and September 2021, along with the complete set of medical leave records and fitness/unfitness certificates, is annexed herewith as Annexures A/3 and A/4 (Colly.). It is further submitted that the applicant has taken housing loans from both State Bank of India and Housing Development Finance Corporation Ltd., Bilaspur, and is burdened with heavy monthly repayments. The applicant is filing herewith the relevant bank loan statements as Annexure A/5 (Colly.). The respondent has also filed a petition under Section 125 of the Code of Criminal Procedure, 1973, registered as Misc. Criminal Case No. 33/2022 before the learned Principal Judge, Family Court, Bilaspur, seeking maintenance. The learned Court below, without considering the applicant’s health condition and without hearing both parties, passed the impugned ex parte order dated 10.11.2022, directing the applicant to pay Rs. 6,000/- per month as maintenance. A copy of the impugned order is already filed as Annexure P/1. In her petition, the respondent has made false allegations against the applicant’s mother. However, the applicant’s mother always made sincere efforts to ensure that the marriage remained harmonious. It is also submitted that all the expenses of the marriage were borne by the applicant’s family, and no dowry was ever demanded by the applicant or his family. Further, at the time of marriage, the respondent’s family did not 5 provide any stridhan, and the allegations made in the petition for maintenance are entirely false and baseless. 6. The learned trial Court failed to appreciate that the Hon’ble Supreme Court, in Rajnesh v. Neha, 2020 SCC OnLine SC 903, has clearly held that the quantum of maintenance must be in proportion to the financial capacity of the husband and that such financial capacity must be determined based on the income afÏdavits filed by both parties. The applicant always made sincere efforts to fulfill the wishes of the respondent and maintain cordial relations between her and her in- laws. However, the respondent often created issues over trivial matters and used to call her parents frequently. Due to her behavior, the applicant’s family suffered both mental and physical agony, but still chose to ignore her actions in order to preserve the marital relationship. 7. The respondent approached the learned trial Court by filing an application under Section 125 of Cr.P.C., wherein she made vague and false allegations against the applicant and his family members. It is submitted that the conduct of the respondent clearly indicates that the present proceedings are intended solely to harass the applicant and extort money from him. 8. The learned trial Court, vide its impugned ex parte order dated 10.11.2022 passed in Misc. Criminal Case No. 33/2022, presided over by the learned Principal Judge, Family Court, Bilaspur (C.G.), and allowed the maintenance petition filed by the respondent under Section 125 of Cr.P.C. and awarded her maintenance of Rs. 6,000/- per month. 9. Learned counsel for the applicant submits that the impugned order 6 has been passed ex-parte despite the fact that the applicant does not reside in Bilaspur and is often undergoing medical treatment or admitted to the hospital. Therefore, without following the procedure laid down under the law, the ex-parte order has been passed, which is bad in law, illegal, arbitrary in nature, and liable to be quashed and set aside. She submits that the impugned order is contrary to the settled principles of law as laid down by this Hon’ble Court as well as the Hon’ble Apex Court in a series of judgments. The impugned order is bad in the eyes of law and against the principles of justice, causing irreparable loss to the applicant and deserves to be set aside. 10. The Hon’ble Supreme Court, in the case of Rajnesh v. Neha, 2020 SCC OnLine SC 903, has mandated that in cases relating to the payment of maintenance under various statutes, the learned trial Court shall determine the quantum of maintenance in accordance with the financial capacity of the husband, which must be assessed after considering the income afÏdavits filed by both parties. In the present case, learned trial Court decided the matter without calling for the income afÏdavits, which is contrary to the law laid down by the Hon’ble Supreme Court. Learned counsel for the applicant submits that the Hon’ble Supreme Court in Rohtash Singh v. Smt. Ramendrei & Ors., (2000) 3 SCC 180, held that if the wife has deserted the husband, she is not entitled to maintenance. In the present case, it is evident that the respondent left her matrimonial home without any valid reason and of her own free will. This legal position was also afÏrmed by this Hon’ble Court in Shiv Kumar Yadav v. Santoshi Yadav, Crl. Revision No. 544/2003, decided on 15.02.2004. He also 7 submits that the applicant is employed as Assistant Grade-III and has substantial financial liabilities, as detailed in the preceding paragraphs. Furthermore, due to his poor health, the applicant is drawing a limited salary, which is insufÏcient to support four family members in the present economic conditions. 11. I have heard learned counsel for the applicant and perused the judgment of the learned Family Court. 12. Considering the submission advanced by the learned counsel for the applicant, materials available on record and also considering the price index and medical expenses, total amount awarded to the respondent cannot be said to be shockingly on higher side warranting interference by this Court in the present revision petition. 13. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. - Abhishek Sd/- (Ramesh Sinha) Chief Justice