Saint Joseph High School, Bhopal, District Bhopal (M.P.) v. Smt. Tarandeep Kaur Sahani W
Case Details
1 2025:CGHC:45017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1093 of 2025 Pavneet Singh Sahani S/o Rajendra Singh Sahani Aged About 49 Years R/o Plot No. 4, Bright Colony, Eidgah Hills, Near Saint Joseph High School, Bhopal, District Bhopal (M.P.) ... Applicant versus Smt. Tarandeep Kaur Sahani W/o Pavneet Singh Sahani Aged About 49 Years Current R/o H. No. 32/1259, Sahani Kutir, Gurunanak Nagar, Shyam Nagar, Telibandha, Raipur, District Raipur Chhattisgarh ---- Non-appalicant For Applicant :
Legal Reasoning
Ms. Indira Tripathi, Advocate. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 03.09.2025 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 1. Heard Ms. Indira Tripathi, learned counsel for the applicant. 2. This Criminal Revision is being aggrieved of the impugned order dated 05.05.2024 passed by the learned Second Additional Principal Judge, Family Court, District – Raipur (C.G.) in Case No. 1033/2024, whereby the learned Family Court concerned, allowed the application for grant of interim maintenance and directed the applicant to pay Rs. 10,000/- per month to the non-applicant, as interim maintenance. 3. The facts, in brief, is that Both the applicant and the non-applicant 2 belong to the Sikh caste. Their marriage was solemnized according to Sikh customs on 12-11-2000 at Idgah Hills Punjabi Gurudwara Bhopal, M.P. Both the parties are Sikhs and are governed by Hindu law. After marriage, the ritual of Pag-Fera was performed according to customs on the next date of marriage i.e. 13-11-2000 at Idgah Hills Punjabi Gurudwara Bhopal, M.P. From their married life, two sons and one daughter, i.e. three children were born. In which one son Teeshey Singh Sahni, age 20 years, who lives with the applicant, the second son was given in adoption to the non- applicant's sister Manpreet Kaur, resident of Dubai, with the consent of both the applicant and the non-applicant. Daughter Oshin Sahni passed away on 03-11-2021 at her residence in Idgah Hills Bhopal. After marriage, the applicant's behaviour with the non- applicant and his family remained good for 4-5 years. That the non- applicant wanted to study B.Ed., then the applicant got her admitted in All Saint College, Gandhi Nagar, Bhopal in the year 2003 for B.Ed. studies. During this study, she was pregnant, then the applicant took full care of the non-applicant and helped the non- applicant fully in her studies. While studying B.Ed., a son was born to the applicant and the non-applicant on 24.06.2004, whose name is Tishey. After that, the applicant passed the B.Ed. examination in the year 2005. At that time, the said son was small, even then the applicant used to help the non-applicant fully in her studies and the applicant used to take complete care of the son. The said B.Ed. After her graduation, the non-applicant did a six-month Diploma 3 course in Interior Design in M.P. Nagar Bhopal, in which the applicant fully supported the non-applicant. That after the above situation, the non-applicant wanted to run her own institute in which she wanted to teach students of classes 9th to 12th, for which the non-applicant requested the applicant, then on the said request of the non-applicant, the applicant opened an institute for the non- applicant in the year 2012 in the name of Udaan Institute at Plot No. 4 Bright Colony, Idgah Hills, Bhopal, MP, near St. Joseph High School, in which the applicant spent about Rs. 5-6 lakh to open the said institute for the non-applicant. The non-applicant's work kept increasing and the non-applicant remained busy in her said work, then the non-applicant used to earn about 70-80 thousand rupees per month and along with running the said institute, the non- applicant used to organize exhibitions of ladies' items on a large scale in which people from all over India used to come, then the non-applicant's business kept going well and the non-applicant started earning more and the non-applicant bought the place where she had taken the mart and super market. Due to this earning, the non-applicant became more busy and due to this earning, the non- applicant started staying out of the house for many days, due to which the non-applicant neither paid attention to the applicant nor to her children and mother-in-law and father-in-law and the non- applicant used to spend all the income received from the said business on herself. The non-applicant calls her family members to her in-laws' house i.e. relatives of the applicant's at his parents' house every six-eight months and insults the applicant and his 4 family members and the non-applicant, in a fit of anger with the applicant and his family members, also uses rude, disobedient and indecent language with them. The non-applicant's behaviour towards the applicant has been provocative and indecent since marriage. For which the applicant sent a legal notice dated 21.09.2020 to the non-applicant through his advocate by registered post. The reply to this notice was sent by the non-applicant through her advocate to the applicant's advocate on 14.10.2020 using abusive language, which caused mental agony to the applicant. That due to the above act by the non-applicant, the family of the applicant got disintegrated and due to the non-applicant not paying attention to her children, the education of the children was also seriously affected, due to which the daughter named Oshin of the non-applicant and the applicant suffered mental stress and due to this stress, daughter Oshin took the wrong step and committed suicide, due to which she died on 03.11.2021 and the applicant and the non-applicant have a son named Tishey who is currently an adult, the said child lives with the applicant and the expenses of his education are borne by the applicant and the non-applicant did not pay attention to daughter Oshin who was a minor and a Muslim boy Rusan Ali constantly harassed her, on which the applicant explained to the boy and his family, but the non-applicant did not pay attention to the said incident to daughter Oshin and neither did she support daughter Oshin, due to which Oshin committed an incident like suicide. On which a crime was registered against Rusan Ali by the police of Shahjahanabad police station, whose 5 crime is 249/2022, whose session case is 223/23, which is currently pending before the 29th Additional Sessions Judge Special Court Bhopal. The respondent/ non-applicant have filed an application under section 144 of Bhartiya Nagrik Suraksha Sanhita before the court of Second Addl. Principal Judge Family Court, Raipur, (C.G.) on 12.08.2024 along with interim maintenance and vide order dated 05.05.2024 by Second Addl. Principal Judge Family Court, Raipur, (C.G.) awarded Rs. 10,000/- as interim maintenance till final disposal. 4. Learned counsel appearing for the applicant submits that the applicant is the husband of the non-applicant and an application under Section 144 of the BNSS was filed by the non-applicant along with the application for interim maintenance, and the interim maintenance to the tune of Rs. 10,000/- per month has been awarded by learned Family Court to be granted by the applicant to the non-applicant. It is further submitted that the non-applicant has a multi-storey building in her own name at number 4 Bright colony, Idgah Hills Bhopal, area 4000 square feet in which three floors are built including the basement. The market value of the said building is currently Rs. 8 Crores and the non-applicant has tenants in the said building from which the non-applicant earns about Rs. 4.25 lakhs per month and in the said building, the non-applicant runs a business in the name of Udaan Coaching from which the non- applicant earns about Rs. 2 Lakhs per month and in the lower part of Udaan Coaching in the same building, the non-applicant runs a business in the name of Smart (Grocery Item Market) Super Market 6 from which the non-applicant earns about Rs. 1.50 lakhs per month, and therefore, the non-applicant is fully capable of maintaining herself. Hence, the impugned order is bad in law, perverse, arbitrary, erroneous, therefore liable to be set-aside. 5. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 6. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the orders of the Family Court, it transpires that no any good ground has been raised on merits by the applicants’ side, thus, it is clear that after considering all the materials and after applying mind the learned Second Additional Principal Judge, Family Court, District – Raipur (C.G.) has passed the impugned order dated 05.05.2024 in Case No. 1033/2024, whereby the learned Family Court, allowed the application for grant of interim maintenance and directed the applicant to pay Rs. 10,000/- per month to the non-applicant as interim maintenance, and there is no illegality and infirmity while passing the same. 7. Accordingly, the prayer made to quash the impugned order is refused. 8.
Decision
However, the present revision is disposed of with the direction that the concerned Family Court is at liberty to conclude the proceedings under Section 144 of BNSS, as expeditiously as possible, preferably within a period of 3 months, in accordance with law. 7 9. Registrar (Judicial) is directed to transmit a certified copy of this order to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar