Bilaspur, Chhattisgarh v. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Amarnath Sahu S
Case Details
1 2025:CGHC:32609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 564 of 2022 1 - Smt. Vibha Sahu W/o Amarnath Sahu Aged About 44 Years R/o Through Shobha Ram Sahu Near Vasundhara School, Banshilal Dhritlahre Nagar, Ward No. 43, Deorikhurd, P.S. Torwa, Bilaspur, District : Bilaspur, Chhattisgarh 2 - Kailash Sahu S/o Amarnath Sahu Aged About 15 Years Minor, Through Natural Guardian Mother Smt. Vibha Sahu, R/o Through Shobha Ram Sahu Near Vasundhara School, Banshilal Dhritlahre Nagar, Ward No. 43, Deorikhurd, P.S. Torwa, Bilaspur, District : Bilaspur, Chhattisgarh ... Applicant versus RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Amarnath Sahu S/o Late Chhattu Ram Sahu Aged About 52 Years Posted At Power Support Operator, Category-6, N.I.E.S. No. 24461630, Token No. 916, OfÏce Of The Mines Manager, Damni Underground Mines, P.S. Khairha, Via Budhar, SECL, District : Shahdol, Madhya Pradesh For Applicant
Legal Reasoning
: Mr. Shashi Bhushan Tiwari, Advocate. ---- Respondents Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.07.2025 1. This Criminal Revision is being aggrieved of the order dated 07.04.2022 passed by the learned Family Court, Bilaspur, District – Bilaspur (C.G.) in Misc. Cr. Case No. 1255/2019, whereby the learned Family Court, Bilaspur, District – Bilaspur, enhance the monthly maintenance amount to the extent that the applicant No.1 is entitled for Rs. 3,500/- per month 2 and the applicant No.2 is entitled for 2,500/- per month till his majority. 2. The prosecution story in brief is that the applicant No.1 is the wife of the respondent and the applicant No.2 is their son. The marriage between the applicant No. 1 and respondent is solemnized on 12-05-1999 by Hindu rites and custom. Out of their wedlock, two sons have been born they are Yuvraj Sahu and Kailash Sahu. soon after the marriage, the applicant No.1 was harassed by her husband and in-laws for demand of dowry and ultimately she was left at her parental house by the respondent on 23-12-2004 along with her children and asked to return back along with the cash amount of Rs. 02 Lakhs. Even the husband and his relatives have assaulted the applicant No.1 while she was staying in her parental house at Bilaspur for which the police report was made by the applicant No.1 and the respondent and his relatives have been prosecuted under Sections 498-A, 34 and 506 of I.P.C. the applicant came to know that the respondent is having extra marital affair with another lady who also working in the ofÏce alongwith the respondent. The respondent is a habitual drinker of liquor and creating nuisence every day. Since, the respondent has neglected the applicant No.1 and her children, they filed an application under Section 125 of Cr.P.C. before the learned Family Court, Bilaspur, vide M.J.C. No. 34/2005, for grant of monthly maintenance amount to them. The application of the applicants have been partly allowed vide order dated 12-01-2007, by the learned Family Court and the amount of Rs. 1,000/- to the applicant No.1 and Rs. 500/- each to the applicant No.2 and his elder brother Yuvraj Sahu (presently he is major) was awarded towards monthly maintenance. On 17-08-2010, the applicants have filed an application under Section 127 of Cr.P.C. before the learned Family Court, Bilaspur, vide M.J.C. No. 378/2010, for modification of the order of maintenance and prayed for 3 enhancement of the monthly maintenance amount. The application of the applicants have been decided on 29-03-2011 on the basis of compromise between the parties and the respondent was agreed to pay the monthly maintenance of Rs. 2,000/- to the applicant No.1 (wife) and Rs. 1,500/- each to his two sons. After the year 2011, the living cost was increased highly and the amount of maintenance granted by the Family Court vide order dated 29-03-2011 is very low, the applicants have filed an application under Section 127 of Cr.P.C. for enhancement of the maintenance amount. It is submitted in the application that the amount awarded is very low, the petitioners are required to expend huge amount in education of her children, expenses of clothes, medicines are also increased and they are facing hardship economically as well as mently. She is housewife and not having any source of income. It is also submitted that the respondent is receiving salary from his service about Rs. 70,000/- per month. He is having no other liability. He is capable to give higher amount to them. In support of her contention, the applicants have submitted the salary slip of the month of April, May, June 2019, of the respondent obtained under the Right to Information Act, 2005, and prayed for enhancement of the maintenance amount. After service of summons to the respondent, he has not appeared in the proceeding and remained ex-parte. The applicant No.1 has submitted in her examination- in-chief in form of afÏdavit. After hearing the applicants, the learned Family Court has passed the order on 07-04-2022 and enhanced the monthly maintenance amount to the extent that the petitioner No.1 is entitled for Rs. 3,500/- per month and the petitioner no. 2 is entitled for 2,500/- per month till his majority. Hence, this revision. 3. Learned counsel appearing for the applicant submits that the applicant No.1 is the wife of the respondent and the applicant No.2 happens to be 4 the son of the respondent, and it is stated that the applicant No.1 had moved an application under Section 127 of CrPC, demonstrating that her husband/respondent is getting a gross salary of Rs. 74,811.61/-, and he has also annexed his pay-slip dated 1st of November, 2019, showing the salary of the respondent, it is submitted that the amount which has been given to the applicant No.1 is Rs. 3,500/- and to the applicant No.2 is Rs. 2,500/-, and as applicant No.2 is become major, therefore, he is not getting any maintenance from the respondent and it is difÏcult for the applicant No.1 to maintain herself along with applicant No.2, hence, the amount of maintenance be enhanced for the applicant No.1. It is submitted that the proceedings before the Family Court had been ex- parte and the respondent failed to appear before the Family Court. Thus, the impugned order passed by the learned Family Court is bad and illegal and liable to be set-aside. So far as the service of notice to the respondent is concerned, though the notice is issued and it transpires from the order-sheet on 04.08.2022 it has been reported that the notice is served to him, but neither the respondent appeared in person, nor is any representation made on his behalf. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. From the perusal of the impugned order, it transpires that the respondent is a physically and financially capable person, respondent is getting a gross salary of Rs. 74,811.61/- from his service and with respect to the same the pay-slip has also been annexed. Hence, the applicants had moved an application under Section 127 of CrPC for enhancement of the maintenance amount, and the learned Family Court enhanced the monthly maintenance amount to the extent that the applicant No.1 is 4. 5. 6. 5 entitled for Rs. 3,500/- per month and the applicant No.2 is entitled for 2,500/- per month till his majority. 7. Taking into consideration the fact that as applicant No.2 has attained the majority, therefore, he is not getting any maintenance from the respondent and it is difÏcult for the applicant No.1 to maintain herself along with applicant No.2, thus, she is required to be maintained by the respondent who is the husband of the applicant No.1, hence, it is directed that the amount of maintenance awarded by the learned Family Court to applicant No.1 to the tune Rs. 3,500/- is enhanced to Rs. 20,000/- per month which shall be paid by the respondent as maintenance to applicant No.1 from 15th of July, 2025, and the same amount shall be paid by him on 15th day of every month. Thus, the impugned order dated 07.04.2022 passed by the learned Family Court, Bilaspur, District – Bilaspur (C.G.) in Misc. Cr. Case No. 1255/2019, with respect to the applicant No.1, is hereby modified. In view of the same, the instant criminal revision is allowed to the extent indicated hereinabove. Registrar (Judicial) of this Court is directed to transmit a certified copy of this order as well as the original records to the concerned trial Court within a week from today for necessary compliance and follow up action, 8. 9. if any. Rajshekhar Sd/- (Ramesh Sinha) Chief Justice