Ward Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh v. Abdul Raziq S
Case Details
1 2025:CGHC:34091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 951 of 2021 Deeba Farhin W/o Abdul Raziq Aged About 26 Years R/o Saint Ravidas Nagar, Ward Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh. ... Applicant versus Abdul Raziq S/o Abdul Samad Aged About 35 Years Work Place Address - Q.No. B/101, Heemawathi, Police Station Habsiguda, Apartment C.08, Habsiguda, Hyderabad (Telanagana) ---- Respondent For Applicants
Legal Reasoning
: Ms. Smita Jha, Advocate. For Respondent : None. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 18.07.2025 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 1. 2. Heard Ms. Smita Jha, learned counsel appearing for the applicant. None appears for the private respondent. This Criminal Revision is being aggrieved of the order dated 12.10.2021 passed by the learned Family Court, Balodabazar, District – Balodabazar (C.G.) in Misc. Criminal Case No. 103/2019, whereby the learned Family Court, partly allowed the application under Section 125 of the CrPC filed by the applicants, and directed the respondent that he has to pay Rs. 5,000/- per month to the applicant as maintenance. 3. The prosecution story in brief is that That both the parties are Muslim and 2 their marriage was solemnized on 08.10.2015 at Bhatapara as per Muslim rites and rituals. After marriage in order to lead matrimonial life applicant and respondent went to sector 7 Bhilai, which is her husband's house. When the applicant went to her husband's house, her mother in law namely Kamrunnisha, Aunt in law Tehrunnisha, Brother in law Abdul Sadiq, sister in law Gazala Nafeesa Anjum, used to spend most of their time there itself and they all resided along with the applicant and respondent. The applicant found an environment at the house of her husband with suited her and she was very happy with the nature and behaviour of the family members and she tried her best to do everything that she can in order to fit in and be a part of that family. During the marriage of the applicant her parents tired to fulfil the demands made by the respondent and his family members, relatives of the applicant also gave valuable items and other household materials to the applicant so that she can live a happily married life hereinafter. applicant wanted to live her rest of life with her husband. applicant was in an impression that the respondent is an educated intelligent engineer and he would be respecting the feelings of his wife, as well he would be respecting women but after marriage when she went to her in laws house, she found that her in laws are greedy for money because after marriage she was harassed and tortured by them in the name of money. The applicant used to spend most of her time inside the kitchen as the family was joint every now and then the applicant used to prepare something or the other for them. In this way the applicant started her morning in the kitchen and after spending whole day there itself she used to get free by night as a result of this routine the applicant started getting sick and weak but there was no support to her by the husband. On 26.01.2015, the respondent 3 went to Hyderabad for his job, thereafter the in laws of the applicant used to taunt her in the name of car as dowery, as she was married to an engineer. She was pressurized to bring a car from her parents and demanded a sum of rupees 5 Lakhs plus partition in the property of her ancestors as a result of which the applicant got frustrated mentally. Due to the pressure of her in laws applicant made her parents to purchase a piece of land measuring 18 dismil at village Chamru turma and after that respondent told her to purchase a car for him and in order to do so the parents of applicant gave 2 Lakhs to him to purchase a car. Respondent also used to threaten the applicant in the name of getting the video viral of the intimacy that has happened between both the parties as it has been recorded in the cameras with was installed inside the room where both of them resided. On 9.07.2016 on the occasion of Eid the respondent and his relative tortured the applicant on continuous basis. The sister in law of the applicant pulled her hair, and her bother in law along with his wife caught hold of the hand and legs of the applicant, aunt in law and sister in law of the applicant had cut her hair and have committed marpit with her, and have told her that the environment of their home has been disturbed form the dat the applicant entered the house. The applicant was also tortured stating that her parents have not sent anything as a gift on the occasion of Eid. On 10.07.2016 the parents of the applicant went to her house and in front of them also the applicant was beaten and was harassed in a cruel way, when the parents of the applicant came in between to settle the dispute they were pushed and disrespected too by the in laws of the applicant. In this situation the applicant was thrown out of her house as a result of which the applicant came along with her parents in the same cloths which she was wearing and started residing at Bhatapar with her parents. The above mentioned 4 incident was reported by the applicant on 17.08.2016 to the police taking cognizance of which Bhatapara Police registered offences against her in laws U/s 498A/34 of IPC and Section 4 and 5 of Tonahi Pratadna Nivaran Act, 2005 and issued it to the police station Bhilai sector 06 for further investigation, acting on the said information police station sector 06 registered offences against the accused persons and made an FIR and after arresting the accused persons have presented final charge- sheet before the concerned court, the accused persons are currently on bail. Prior to the lodging of the FIR the applicant and her family members tried to settle the dispute which arose between them at social level, as a result of which there was meeting of the community in which the respondent and his family members did not showed any interest to reconcile the matter which was in dispute between the parties, the respondent disrespected and behaved vulgarly in the meeting also and have said that the video clip the respondent was having would be made viral at social sites in order to defame the applicant. After this also the applicant and her family members tried all type social counseling and other means to so that they can be together again as a result of which there was a community meeting held on 16.10.2016 at Bhatapara wherein the respected members of the society participated and they all tried to make them understand that if they disputed between them is not resolved then it might hamper their future and married life, but the respondent and his family members did not respond and went out leaving the meeting there itself. The respondent in order to harass the applicant mentally created pressure on her to conduct a fertility test in connection to which the respondent has sent her to her paternal house 25.02.2015 and have clearly instructed her parents that he would be living with the applicant only if fertility test is conducted. The conduct of the respondent 5 shows that what kind of mentality he has as a human being. After coming to her parental house the applicant is residing continuously with her parents depending on them, whereas the respondent is having no financial burden on him. He is living an independent and lavish life. The applicant is having no source of income and the applicant is having just and sufÏcient cause for living separately with her husband. The respondent has himself made the applicant to leave the house and further he has not participated in any of the counseling proceedings and there is no reason to believe that the respondent is not ready to live with his wife and to lead a peaceful married life. The respondent has denied the allegations levelled against him in the application. After perusing the documents and hearing the submissions of the parties, and the learned Family Court allowed the application filed by the applicant and granted maintenance of Rs. 5,000/- to the applicant as maintenance. Hence, this revision. Learned counsel appearing for the applicants submits that the impugned order is arbitrary and contrary to the evidence and documents submitted by the applicant. It is further submitted that the respondent is a competent person who earns more than Rs. 1,50,000/- per month, even that the learned Family Court has ignoring this fact and granted only 5,000/- per month as maintenance and hence, the maintenance amount is liable to be enhanced. Therefore, the order of the Family Court is liable to be modified. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the order of the Family Court, it 4. 5. 6. 7. 6 transpires that no any good ground has been raised on merits by the applicants’ side, 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. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. Let a certified copy of this order be transmitted to the concerned trial Court for necessary compliance and follow up action, if any. 8. 9. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar