Nafr High Court
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2025:CGHC:29168 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 779 of 2025 Aone Kumar Sahu S/o Ramdas Sahu Aged About 47 Years R/o Jarhabhata Panna Nagar Near Sai Baba Hospital Bilaspur P.S Civil Lines Distt Bilaspur (C.G.) ... Applicant(s) versus
Legal Reasoning
1 - Smt. Aruna Sahu W/o Avan Sahu Aged About 42 Years Currently Residing At Tikrapara Bilaspur P.S City Kotwali Distt Bilaspur (C.G.) 2 - Kumari Mansi Sahu D/o Aone Sahu Aged About 19 Years Currently Residing At Tikrapara Bilaspur P.S City Kotwali Distt Bilaspur (C.G.) ... Non-applicant(s) For Applicant : Mr. Ankit Singh, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice 30.06.2025
Decision
Order on Board 1. By way of this revision, the applicant has prayed for following relief: “It is therefore prayed, that this Hon’ble Court may be pleased to allow this revision petition and further be pleased to set-aside the order dated 12.05.2025 passed by the learned Family Court Bilaspur (C.G.) in miscellaneous criminal Case No. 814/2024 in the interest of justice.” 2. Brief facts of the case are that the Non-applicants narrated in their application filled under Section 144 of BNSS that that after about 2 one month of marriage, the applicant and his family members started harassing the non-applicant No.1 mentally on the pretext of giving less dowry in marriage, the dowry items being weak and not giving a motorcycle in dowry. On this, when the applicant said that her parents had given gold and silver jewellery and all household articles and utensils and gift items as per their capacity, the applicant got more angry and started harassing the non-applicant No.1 mentally and physically by arguing with her, saying that she was taking the side of her parents and her maternal family. The applicant is an alcoholic person and every day, coming home in an inebriated state, he abuses and beats the non-applicant No.1 and has behaved inhumanly with the non-applicant No.1 and has committed cruel acts with her. The applicant runs his own grocery shop from which he earns Rs. 2000/- per day and about Rs. 60,000/- per month. Apart from this, the applicant's house is given on rent from which he receives rent of Rs. 25,000/- per month. On the contrary, the non-applicant No.1 is a housewife who has no source of income. Thus, the applicant is capable of providing maintenance to the non-applicants. Therefore, shy prays that the non-applicants should be given interim maintenance of Rs. 20,000/- per month from the applicant. 3. The applicant herein filled reply to the application where he denied the averments made in the application and pleaded that the applicant narrated that while admitting his marriage with non- applicant No. 1 and denying the remaining facts, has stated that after marriage on 09.03.2003, the applicant brought the non- 3 applicant No 01 to his house at Chandela Nagar Ring Road No. 2, in front of Sai Baba Hospital, on 26.03.2003 where after bringing her, on 26.03.2003, non-applicant No. 1 Aruna Sahu started telling the applicant that do not touch her, She love another person named Devesh Sahu who'a residing behind High Court Complex, Bilaspur Phone Number 07752-500531 and also teases the applicant, on his looks like "Kariya Bilwa Kewat" and also mentions that She is graduate. She was married him due to pressure from her parents. She neither like him nor will she live with him. Non-Applicant No. 01 voluntarily abandoned the applicant on 27.03.2003 and went away with her lover 21 years ago. Since then the non-applicant No 01 is living with her lover Devesh Sahu. The non-applicant no 01 is a post graduate educated woman. The non-applicant's no 01 father receives a pension of Rs. 42000/- per month after retirement from Assistant Grade 01. Therefore, the application form submitted by the applicant should be rejected. 4. Learned Family Court after filling of reply and after hearing the parties, perusal of records and considering the evidence laid by the parties partly allowed the application under Section 144 of BNSS directing the applicant to pay a sum of Rs. 3000/- per month to non- applicant No 01 as Interim Maintainance from the date of order and rejected the application, filed by the non-applicant No.2 on the ground that she became major. Hence this revision. 5. Learned counsel for the applicant submits that the learned family Court did not consider the fact that he applicant herein had pleaded in his reply that it was the non-applicant No. 01 who left the 4 applicant 22 years and 3 months ago without giving any reason. The learned Family Court ought to have appreciated that the applicant has categorically stated the non-applicant No 01 from the first day of marriage uses derogatory comment on the appearance of the applicant like "Kariya Bilwa Kewat" and mentions that she has a lover named Devesh Sahu. He further submits that the learned Family Court ought to have appreciated that the non-applicant No 01 has merely lived with the applicant for 18 days only. The non- applicant No 02 wrote a complain before mahila thana against the present applicant where for providing Caste certificate to her from the applicant, and in the same application she admitted that she was living away from the applicant for 19 years and just demanded her Caste certificate. The applicant has already written to the Superintendent of police Bilaspur and Inspector General of Police Bilaspur regarding the possibility of lodging fake FIR against the present applicant with application dated 27/08/2024 respectively. The learned Family Court ignored the fact that the non-applicant no 1 is highly qualified and Graduated women and she is most capable to earn livelihood. The learned Family Court overlooked the fact that in the application filed by the non-applicant No 01, no dates and events have been mentioned regarding solemnization of marriage or when she left the applicant and vice versa. The non-applicant No.1 was living with her lover named Devesh sahu for 21 years and when he left the non-applicant No 01 and 02 they file this application u/s 144 of BNSS. Therefore, the said interim maintenance amount is higher side and is liable to be set-aside. 5 6. I have heard learned counsel for the applicant, perused the impugned order and other documents appended with revision. 7. From perusal of the impugned order, it transpires that the learned Family Court held that Non-applicant No.1 has successfully proved her claim. Accordingly, considering the social status of both parties and the applicant’s monthly income, the Family Court awarded maintenance of Rs. 3,000/- per month to Non-applicant No.1, which cannot be considered excessive or unreasonable. Furthermore, the application of Non-applicant No.2 was rejected on the ground that she has attained majority and is capable of earning her own livelihood. 8. Considering the submissions advanced by learned counsel for the applicant, perusing the documents appended with revision and finding recorded by learned Family Court while awarding the maintenance of Rs.3000/- per month in favour of non-applicant No.1, I am of the considered view that learned Family Court has not committed any illegality or irregularity in the impugned order warranting interference by this Court. 9. Accordingly, the revision being devoid of merit is liable to be and is hereby dismissed. 10. All the pending application stands disposed off. 11. OfÏce is directed to send a certified copy of this order to the Family Court concerned for necessary information and compliance. Sd/- Chief Justice (Ramesh Sinha) Kunal