Nafr High Court
Case Details
1 2025:CGHC:38866 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 870 of 2023 1 - Gagan Barsagade S/o Ashok Barsagade, Aged About 21 Years R/o 148 B Maitri Vihar, Radhika Nagar, Supela, Bhilai, Durg, District : Durg, Chhattisgarh 2 - Akash Barsagade S/o Ashok Barsagade, Aged About 19 Years R/o 148 B Maitri Vihar, Radhika Nagar, Supela, Bhilai, Durg, District : Durg, Chhattisgarh versus ... Applicants Ashok Barsagade S/o Odaguram Barsagade Aged About 50 Years R/o 148 B Maitri Vihar, Radhika Nagar, Supela Bhilai, Durg, District Durg, Chhattisgarh, Presently R/o Near Sanju Bicycle Sotre Nagar Palika Jamul Shivpuri (Bhilai), District : Durg, Chhattisgarh ---- Respondents For Applicant
Legal Reasoning
: Ms. Seema Verma, Advocate. For Respondent : Mr. Love Kumar Ramteke, Advocate. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 05.08.2025 Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 1. 2. Heard Ms. Seema Verma, learned counsel appearing for the applicant. Also heard Mr. Love Kumar Ramteke, learned counsel for the respondent. This Criminal Revision is being aggrieved of the order dated 23.06.2023 passed by the learned 3rd Additional Principal Judge, Family Court, District – Durg (C.G.) in Misc. Criminal Case No. 941/2019, whereby the learned Family Court, partly allowed the application under Section 125 of CrPC, by rejecting the claim of the applicant No.2 and ordered the respondent that he has to pay maintenance to the tune of Rs. 5,000/- per 2 month to the applicant No.1. 3. The prosecution story in brief is that the applicants herein were the applicants No. 2 and 3 before the Family Court and the respondent herein was the non-applicant before the Family Court. In fact, both the applicants are the sons of the respondent. For the sake of convenience, the parties would be referred hereinafter as per their status before the Family Court. The facts of the case, in short, are that the marriage of the parents of the applicants was solemnized on 25.04.1999 as per Hindu rituals. The applicants were born out of the said wedlock. The respondent has behaved badly with the mother of the applicants since marriage and has been abusing and assaulting without any reason. This behavior continued. That the respondent separated himself from fulfilling his responsibilities towards the applicants and despite being a capable person has refused to maintain the applicants by neglecting them without any reason. The applicants and their mother suffered day-to-day beatings and their mother had to earn their living by bringing money from her maternal home. That despite all these adversities, the mother of the applicants got appointed as Shiksha Karmi and trying to earn a living for herself and the applicants. The applicant No. 1 is suffering from a serious disease of Thalassemia, for which continuous treatment is going on in Bhilai and Raipur and other hospitals. The respondent never bothered that all the expenses of their maintenance, education and treatment are borne by the mother of the applicants and the respondent who is having a four wheeler, however, even in odd circumstances, though the vehicle was there but the same was not provided/used for the treatment of applicant No.1. The applicant No.2 is prosecuting studies in engineering in a private college, by making hefty amounts towards fees and other expenses, but the Respondent never borne the educational & medical 3 expenses of the applicants and his behavior is not benevolent towards his sons. That the expenses of household items including grocery, electricity bill, cable bill, maintenance of household items and all other expenses were borne by the mother of the applicants. The Respondent does not incur any expenditure. The expenditure of daily expenses is about 15,000/- to Rs.20,000/- per month, the expenditure on education and coaching of the child is 25,000/- per month, apart from this the other expenses like treatment of applicant No.1 in which the process of blood transfusion and the expenses of arranging the car rental for going for treatment and for festival expenses for which help had to be taken from the maternal grandparents of the applicants, while the respondent, despite being a capable person, does not bear the maintenance and necessary expenses of the applicants. That apart from the expenses and getting abused and beaten everyday by the respondent and the continuous domestic violence done by the respondent ended the married life for the past many years. On 18.07.2018, respondent assaulted the mother of the applicants and also abused in filthy language and threatened to kill her, due to which the FIR No. 0660/18 was registered, which was later compromised for the sake of peace, but the conduct of the respondent continued. The mother of the applicants is Shiksha Karmi and has an income of about Rs. 26,000/- twenty six thousand rupees) but for the maintenance of the applicants the income is not sufÏcient, looking to the day to day requirements as also due to inflation in market and medical condition of the applicant No.1 and educational expense of the applicant No.2. While the income of the respondent is very high and he does maintain the applicants. That the respondent is a resourceful person and is working in the Irrigation Department on a higher post. The salary of the respondent is handsome. That in the circumstances of the 4 case, the applicants are entitled to receive sufÏcient amount as maintenance from the respondent. 4. The respondent herein has filed the reply to the said application and has 5. 6. 7. denied the averments raised by the applicant. The learned Family Court has recorded the statement of the parties. The witnesses were examined before the learned Family Court including the applicant and the respondent. The learned Family Court by passing the impugned order, has partly allowed the application under Section 125 of the CrPC filed by the applicant for grant of maintenance. Hence, this revision. It has been informed by the learned counsel for the respondent, that the applicant No.1 has died during the pendency of the present revision In view of the information given by the learned counsel for the respondent, the present Criminal Revision so far as it relates to applicant No.1 – Gagan Barsagade, is dismissed as infructuous. Learned counsel appearing for the applicants submits that the impugned order is contrary to the facts, law and circumstances of this case. It is further submitted that the mother of the applicant No.2 is Shiksha Karmi and has an income of about Rs. 26,000/- but for the maintenance of the applicant No.2, the income is not sufÏcient looking to the day by day requirements as also due to inflation in market, while the income of the respondent is very high and he does not maintain the applicant No.2.
Decision
Therefore, the impugned order is contrary to the facts, and the same is liable to be set-aside. 8. On the other hand, learned counsel for the respondent opposes the submissions advanced by the learned counsel for the applicants and supports the impugned order dated 23.06.2023 passed by the learned 3rd Additional Principal Judge, Family Court, District – Durg (C.G.) in Misc. 5 Criminal Case No. 941/2019, whereby the learned Family Court, partly allowed the application under Section 125 of CrPC, and rejected the claim of the applicant No.2, and he further submits that there is no illegality and infirmity while passing the same, therefore, the instant revision filed by the applicant/complainant is devoid of merits and is liable to be dismissed. 9. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 10. Considering the submissions advanced by the learned counsel for the parties, and from the perusal of the order of the Family Court, it transpires that no any good ground has been raised on merits in the present revision, thus, it transpires that after hearing all the statements of the witnesses and perusing the evidence available on record, the learned Family Court has passed the impugned order, and there is no any illegality and infirmity while passing the same which requires interference by this Court. 11. Accordingly, the criminal revision so far as it relates to applicant No.2 – Akash Barsagade, being devoid of merit is liable to be and is hereby dismissed. 12. Let a certified copy of this order as well as original records be transmitted to the concerned trial Court within a week for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar