Nafr High Court
Case Details
1 2025:CGHC:9202 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 252 of 2025 1 - Ashish Raghatate S/o Late Shridhar Raghatate Aged About 33 Years R/o State Bank Colony Mahoba Bazar, Raipur, Police Station - Amanaka, Tahsil And District - Raipur (C.G.). versus ... Applicant(s) 1 - Smt. Archana Raghatate W/o Ashish Raghatate, Aged About 30 Years R/o Thana Para Bagbahara, Police Station And Tahsil - Bagbahara And District - Mahasamund (C.G.). 2 - Chirag Raghatate S/o Ashish Raghatate, Aged About 13 Years Respondents No. 2 Through Guardian Mother Smt. Archana Raghatate W/o Ashish Raghatate, ------ R/o Thana Para Bagbahara, Police Station And Tahsil - Bagbahara And District - Mahasamund (C.G.). ... Respondent(s) For Applicant(s)
Legal Reasoning
: Mr. G. Kripesh Kela, Advocate For Respondent(s) : Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 21/02/2025 1. The present Criminal Revision is filed by the applicant under Section 19(4) of Family Courts Act, 1984 against the order dated 31.01.2025 passed by the Judge Family Court, Mahasamund 2 (C.G.) in Misc. Criminal Case No. 107/2024 awarding interim maintenance of Rs. 1000/- per month to applicant no. 1 and Rs. 500/- for applicant no. 2. 2. Brief facts of the case are that the marriage of the applicant and respondent no. 1 was solemnized as per Hindu rites and customs on 07.02.2011 and out of their wedlock respondent no. 2 was born. In the application it was pleaded that relation between the petitioner and respondent no. 1 was cordial for around 3 years and after the birth of respondent no. 2 the petitioner started torturing the respondent no. 1 because of which respondent no. 1 along with respondent no. 2 started living separately from applicant. As the petitioner is not maintaining respondents, they filed an application for maintenance before the Family Court, Mahasamund. The petitioner filed reply to the application filed by respondents denying the allegations in the application under Section 144 of B.N.S.S. In the special pleadings it was stated by petitioner that he is unemployed, his educational qualification is 5th standard, he is physically weak and he is incapable of doing any kind of work. After the marriage Respondent No.1 started beauty parlour in the house of petitioner and thereafter started residing separately from petitioner. The respondent No. 1 is presently earning Rs. 50,000/- to 60,000/- per month. It was also stated in the reply that respondent No.1 is accustomed to live her life as per her own choice. Petitioner's mother is old age lady and unable to walk and Respondent No.1 does not want to take care of her and 3 does not want to reside with petitioner and therefore Respondent No.1 at her own will is living separately in the same house of the petitioner and therefore she is not entitled for any maintenance amount and the application for maintenance deserves to be dismissed. Copies of the reply to Application under Section 144 of B.N.S.S. and Application for interim maintenance are being filed with this petition marked as ANNEXURE P-3 and P-4. After filing of reply by petitioner the learned trial Court passed interim maintenance order granting maintenance of Rs. 1000/- to Respondent No.1 and Rs. 500/- to Respondent No.2. Certified copy of the order dated 31.01.2025 is being filed with this petition marked as ANNEXURE P-5. 3. Learned counsel for the applicant contended that the order passed by Court below, findings contained therein are all bad in law and on facts as well. The application under Section 12 of Protection of Women from Domestic Violence Act filed before the J.M.F.C. Bagbahara District Mahasamund (C.G.) has been rejected on 20.05.2024 on the ground that Respondent No. 1 is residing separately from the petitioner at her own will and is earning more than the petitioner. Copy of the order passed by J.M.F.C. Bagbahara District Mahasamund (C.G.) dated - 20.05.2024 is being filed with this petition marked as ANNEXURE P-6. Respondent No.1 does not want to reside in the house of petitioner with the mother of the petitioner who is old age and unable to walk and therefore she is living separately in the same 4 house of the petitioner. J.M.F.C. Bagbahara District Mahasamund (C.G.) rejected the application under Section 12 of Protection of Woman from Domestic Violence Act filed by Respondent No.1 making observations that there is no ground to entertain the application and therefore after this order Respondent No. 1 has left the house of petitioner to create the ground for maintenance on 03.06.2024. Copy of the receipt given by Respondent No.1 is being filed with this petition marked as ANNEXURE P-7. Respondent No. 1 herself run a beauty parlor business and earn 50,000/- to 60,000/- per month. Copies of the photographs of beauty parlour with Respondent No. 1 is being filed with this petition marked as ANNEXURE P-8. 4. I have heard learned counsel for the applicants and perused the record with utmost circumspection. 5. Perusal of record shows that the marriage of applicant was solemnized with respondent no. 1 on 07.02.2011 and out of their wedlock respondent no. 2 was born. The respondent no. 1 has further stated that after the birth of the son, the applicant started disliking the respondent no. 1 and did not want to live with her. The applicant is a habitual drinker and after drinking alcohol, he abuses and beats respondent no. 1 over small matters. The respondent no. 1 has further stated that the she and her son Chirag have been being beaten and abused by the applicant and his brother Manish, in connection with which a complaint was lodged by the respondent no.1 in Tatibandh police station, Raipur, 5 where the applicant had also apologized in writing that he will not abuse or beat the respondents, on whom the respondents trusted and started living with the applicant, but the behavior of the applicant became more cruel. The applicant started being beaten mercilessly. In this regard, when the respondent no. 1 informed her father about this, then the applicant's father, in-laws and some social persons held a meeting where, on the advice of elders, the applicant said that he would not make such mistake again, but after a few days, the applicant again started beating and abusing the respondent, due to which, fed up, the respondent no. 1 was forced to come to her parents' house along with her son since 2014. The respondent no. 1 has stated that since the time she has been living with her children in her maternal house, the applicant has not made any arrangement for her maintenance. The applicant works in loan verification in the bank and also has two cars which he drives on rent from which he earns an income of ₹ 50,000 ( fifty thousand) per month and the applicant's father was ₹ an employee in the bank who has died and mother receives pension every month. The applicant is mentally and physically fit person and is capable for granting interim maintenance to the respondents. The respondent no. 1 has requested for interim maintenance of ₹ 30,000 ( thirty thousand) per month for the ₹ maintenance and other expenses of herself and her minor son. 6. The applicant has stated in his reply that the respondent no. 1 used to abuse the applicant with the purpose of mentally 6 harassing the applicant. The applicant has further stated in his reply that the respondent no. 1 has been an angry and stubborn woman and has been mentally harassing the applicant by threatening to implicate him in a false case and has been running away to her maternal home without informing him. In this regard, when there was reconciliation between the applicant and the respondent's family members an attempt was made on which the respondent obeyed her parents and started living with her husband. The applicant has further stated in his reply that a shop was opened by the applicant for the respondent at his own house in which the applicant had purchased beauty parlor related items. The applicant himself is unemployed. The applicant is physically weak and is not capable of doing any type of work. The applicant and his mother are dependent on the pension received by his father. The applicant himself has been bearing all the expenses related to the education of his son. The applicant has told that the respondent lives in a separate room in her the applicant's house. The applicant has further stated in his reply that the respondent operates a beauty parlor on the main road of a city like Raipur and earns Rs 50-60 thousand per month. 7. After considering the application and reply filed by both the parties and the evidence adduced by both the parties, the learned family Court vide its order dated 31.01.2025 held that the applicant has a moral responsibility to support his family and the case is at an initial stage, which is likely to take time for final resolution and 7 granted interim maintenance of Rs. 1,000/- per month to respondent no. 1 and Rs. 500/- per month to respondent no. 2 (in total Rs. 1500/-). 8. Considering the facts and circumstances of the case, statements of the counsel, records of the case, this Court is of the considered opinion that the learned Judge, Family Court, Mahasamund (C.G.) has passed an order of interim maintenance and the proceedings are still going on. Therefore, the order passed by the learned Family Judge is neither illegal nor perverse and does not suffer from any judicial error. 9. Accordingly, the present Criminal Revision is dismissed. 10. However, the Learned Judge, Family Court, Mahasamund (C.G.) is directed to conclude the proceedings of Misc. Criminal Case No. 107/2024 expeditiously as soon as possible, if there is no legal impediment. Sd/- (Arvind Kumar Verma) JUDGE Madhurima