Champa (C.G.) v. Rajesh Karsh S
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2025:CGHC:40542 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 560 of 2024 1 - Smt. Sonam Karsh W/o Shri Rajesh Karsh Aged About 25 Years R/o Village - Jata, Police Station - Saragaon, District Janjgir-Champa (C.G.), At Present R/o Village - Bamhanidih, Police Station - Bamhanidih, District Janjgir-Champa (C.G.)
Legal Reasoning
2 - Ku. Gunjan Karsh D/o Shri Rajesh Karsh Aged About 3 Years (Minor), Through Her Legal Guardian Mother Smt. Sonam Karsh, R/o Village - Jata, Police Station - Saragaon, District Janjgir-Champa (C.G.), At Present R/o Village - Bamhanidih, Police Station - Bamhanidih, District Janjgir-Champa (C.G.) ... Applicant(s) versus Rajesh Karsh S/o Shri Ghasiyaram Karsh Aged About 29 Years R/o Village - Jata, Police Station - Saragaon, District Janjgir-Champa (C.G.) ... Non-applicant(s) For Applicants : Mr. Parasmani Shrivas, Advocate For Non-applicant : Mr. Aditya Dhar Diwan, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice 12.08.2025
Decision
Order on Board 1. Heard Mr. Parasmani Shrivas, learned counsel for the applicants. Also heard Mr. Aditya Dhar Diwan, learned counsel appearing for the Non-applicant. 2. By way of this revision, the applicants have prayed for following 2 relief: “It is therefore, prayed that this Hon'ble Court may kindly be pleased to allow this Criminal Revision and Quash/Set- aside/Modify the order dated 09.05.2024 passed by learned Additional Principal Judge Family Court Janjgir, District- Janjgir-Champa (C.G.) in Misc. Criminal Case No. 425/2022 and an order may be passed for grant of maintenance for the petitioner No.1 and amount of maintenance for Petitioner No. 2 may also be enhance, in the interest of justice.” 3. Brief facts of the case are that the applicant No.1 is married wife of the non-applicant, their marriage was solemnized on 10.07.2016 at Village-Bamhanidih, District-Janjgir-Champa (C.G.) as per Hindu Rites and Customs, after the marriage ceremony, applicant No.1 has gone to the non-applicant's house and started to enjoy their married life and after their wedlock the applicant No. 2 was born. After spending few month's peacefully of their married life, non- applicant as well as his family members have started tortured to applicant No. 1 for demand of dowry meanwhile in the month of April 2021, non-applicant has thrown out from his house and stating that she born baby girl. Due to the said act and lack of financial hardship, the applicants filed an application under section 125 of Cr.P.C. for grant of maintenance before the learned Family Court meanwhile the matter was compromised on 14/05/2022 in Lok Adalat and she go-back in the non-applicant's house but after 3 spending a week, the Non-applicant again left the applicants at parantal house of the applicant No.1 without any reason and he go back at his house. Thereafter, applicant No. 1 has started to living at her parental house along with her Minor Children (applicant No. 2), meanwhile several times trying to live with the Non-applicant along with her children's but he refused to live together and thereafter, in the Month of November 2022 applicant's have filed an application under Section 125 of Cr. P. C. before the learned Family Court for grant of maintenance. 4. After hearing the case of the applicants, notice has been issued to the non-applicant, then he present before the learned Family Court, filed his reply and denied the allegation of applicants. 5. Learned Family Court after taking evidence from both the parties decided the matter and passed the impugned order dated 09.05.2024, whereby the non-applicant/husband was directed to pay a sum of Rs. 2000/- per month towards maintenance to the applicant No. 2/daughter but with respect to applicant No. 1/ wife, dismissed her application and further order to bear Rs. 1000/- for the expenses of the proceedings. Hence, this revision. 6. Learned counsel for the applicant submits that the learned Family Court did not seen the facts and circumstances of the case and passed erroneous order without applying the judicial mind as well as wrongly rejected the application of applicant No. 1 and partly allowed the application of applicant No.2 as well as order has been passed for paying the very huge amount as maintenance. Therefore order passed by learned court below is liable to be quash /set-aside/Modify and the applicant No. 1 is also entitled to get the maintenance amount from 4 non-applicant and amount of maintenance for applicant No. 2 is liable to be enhanced. He further submits that the learned Family Court has failed to seen this fact that after spending few months peacefully of their married life, non-applicant as well as his family members have started torture the applicant No. 1 for demand of dowry meanwhile in the month of April 2021, non-applicant has thrown out the applicants from his house and stating that she born girl baby and therefore they have sufÏcient reasons to live separately from the Non-applicant. He further submits that after hearing the case of the applicants, notice has been issued to the non-applicant, then he present before the learned Family Court meanwhile filed his reply and also admitted that he working as electrician at N.M.D.C. Jagdalpur, then entire pleadings of the applicants are liable to be admitted. Therefore the order passed by learned Family Court is liable to be quash/set- aside/Modify and the applicant No. 1 is also entitled to get the maintenance amount from non-applicant and amount of maintenance of applicant No. 2 is liable to be enhance. Accordingly, the impugned order deserves to be modified. 7. On the other hand, learned counsel for the non-applicant opposes the submissions made by the learned counsel for the applicants and submits that the Family Court concerned after considering all the documents and evidence adduced by the parties has passed the order, in which no interference is called for. 8. I have heard learned counsel for the parties, perused the impugned order and other documents appended with revision. 9. From perusal of the order dated 09.05.2024 passed by the learned Family Court, it transpires that an amount of Rs. 2000/- per month has 5 been awarded towards maintenance to the non-applicant No. 2/daughter and after appreciating the the same, rejected the application of the non-applicant No.1/wife on the ground that without any sufÏcient cause, she is living separately. It appears that the learned trial Court, upon appreciation of the facts and evidence placed on record, has rightly exercised its judicial discretion in granting maintenance solely to the minor child, considering her status as a dependent and the legal obligation of the father to maintain her. The absence of any finding or relief regarding non-applicant No.1 indicates that the Court did not find sufÏcient grounds to allow her claim for maintenance, which, in the circumstances of the case, cannot be said to be erroneous or unjustified. 10. Considering the submissions advanced by the learned counsel for the applicants and also considering the finding recorded by the learned Family Court, I do not find any illegality or infirmity in the impugned order passed by the learned Family Court concerned. 11. Accordingly, the revision being devoid of merit is liable to be and is hereby dismissed. 12. Registrar (Judicial) is directed to transmit the original record to the concerned trial Court within a week from today for necessary information and follow up action. Chief Justice (Ramesh Sinha) Sd/- Kunal