Lormi, P.S. Lormi, District Mungeli Chhattisgarh v. Smt. Hemlata Rajput W
Case Details
1 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.07 19:42:05 +0530 2025:CGHC:39262 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 866 of 2023 Baldev Singh Rajput S/o Ramswaroop Rajput Aged About 34 Years R/o Gandhideeh, Tahsil Chowk Lormi, P.S. Lormi, District Mungeli Chhattisgarh ... Applicant versus
Legal Reasoning
this Court in the present revision petition. 6. 7. 8. 9. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. - Abhishek Sd/- (Ramesh Sinha) Chief Justice
Arguments
Smt. Hemlata Rajput W/o Baldev Singh Rajput Aged About 29 Years R/o Alka Evenue, House No. C - 34, Uslapur, Tahsil And District Bilaspur Chhattisgarh ... Respondent For Applicant : Mr. Praveen Soni, Advocate appeared For Respondent : Mr. Shailesh Tiwari, Advocate. through Video conferencing. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.08.2025 1. Heard Mr. praveen Soni, learned counsel, appearing through video conferencing, for the applicant. Also heard Mr. Shailesh Tiwari, learned counsel, appearing for the respondent. 2. The present revision has been filed by the applicant with the following prayer: “It is therefore, prayed that, this Hon’ble Court may be pleased to allow the revision and be pleased to to remand the 3-times enhanced maintenance amount awarded in the order dated 19.07.2023 (Annexure A/1) 2 by the learned Family Court, Bilaspur (C.G.), in the interest of justice.” 3. Brief facts of the case are that earlier on 14.12.2010, a maintenance amount of Rs. 2,000/- per month was awarded in MJC No. 242/2010, pursuant to an application under Section 125 of the Cr.P.C. filed by the respondent. Since then, the Applicant has been regularly paying the aforesaid maintenance amount to the respondent. After separating from the applicant, the respondent has been running her own beauty parlour and general store under the name “Rashmi Beauty Parlour & General Stores” located at Mahamaya Chowk, Dullapur Market. Her mobile numbers, 73891-43643 and 97541-16171, are published under the said business. She is earning a regular income of Rs. 40,000/- per month from the said business. Hence, the question of maintenance does not arise. The respondent left the applicant of her own will due to an illicit relationship with her brother-in-law (Jeeja). At present, the respondent is living a life of adultery and is in an illicit relationship with one Jagdish Sahu of her own village. Earlier the applicant had filed an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, but the same was not successful. The father of the respondent is a Government Veterinary Surgeon, drawing a monthly salary of Rs. 80,000/-. Her brother is also a veterinary doctor, running his own veterinary clinic and earning around Rs. 40,000/- per month. Both “Rashmi Beauty Parlour & General Stores” and the veterinary clinic of the respondent’s brother are situated on their father’s property, which consists of a hostel-cum-shops type of construction with 15 rooms, located on the National Highway adjacent to Village Dullapur in Lormi, Chhattisgarh. 4. After considering the facts and circumstances of the case and the 3 submissions made by the parties, the learned Additional Principal Judge, Family Court, Bilaspur (C.G.), vide order dated 19.07.2023 (Annexure A/1), enhanced the earlier maintenance amount of Rs. 2,000/- to Rs. 6,000/- per month. 5. Learned counsel for the applicant submits that the learned Family Court ought to have considered the mental and financial condition of the Applicant before enhancing the earlier maintenance amount from Rs. 2,000/- to Rs. 6,000/- per month. He also submits that the applicant’s parents are aged 68 and 66 years respectively. His father is suffering from kidney failure and has suffered three instances of brain hemorrhage. The Applicant is working as a Police Constable and draws a monthly salary of Rs. 36,000/-. However, the medical expenses for his father are substantial, due to which the applicant has had to take personal loans to meet his responsibilities toward his parents. A copy of the medical report of the Applicant’s father is annexed herewith as Annexure A/2. He further submits that learned Family Court ought to have taken into consideration that the respondent is independently running a beauty parlour and general store under the name “Rashmi Beauty Parlour & General Stores”, located at Mahamaya Chowk, Dullapur Market. Her mobile numbers—7389143643 and 9754116171—are published under the said business nameboard, and she earns a regular monthly income of approximately Rs. 40,000/- from the business. He also submits that throughout the proceedings in MJC No. 263/2019, it was never disputed that the respondent owns and operates the said business, nor was it denied that the above-mentioned mobile numbers belong to her. Photographs of Rashmi Beauty Parlour & General Stores are annexed herewith as Annexure A/3. He submits that although it is true that the applicant’s salary has increased over time (typically every 3 to 5 years), 4 the age and medical expenses of his parents have also increased. It is an undisputed fact that from the year 2010 (i.e., the date of the earlier order in MJC No. 242/2010 dated 14.12.2010), while there has been some increment in salary, the hike in prices of essential commodities and medical costs has not merely tripled as assumed. Learned Family Court erred in concluding that the respondent is unable to maintain herself and her child, and that she is entirely dependent on her parents for her day- to-day expenses and medical treatment. He further submits that learned Family Court ought to have considered that the applicant, despite maintaining a decent standard of living, is burdened with increasing responsibilities and liabilities, particularly toward his aged and ailing parents. While some increase in maintenance may be justified, there must be a rational and concrete basis for enhancing the maintenance amount to such an extent. On the other hand learned counsel for the respondent opposes the prayers and submissions made by learned counsel for the applicant. I have heard learned counsel for the parties and perused the judgment of the learned Family Court. Considering the submission advanced by the learned counsel for the parties, 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