1 2025:CGHC:26902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 308 of 2022 1 - Smt. Kamini Yaduraj W/o Shri Rashabh Dev Yaduraj Aged About 37 Years R/o Behind Digjam Showroom Santoshi Mandir, Pandri, Police Staiton Pandari Raipur, Tahsil And District Raipur, Chhattisgarh 2 - Ku. Rishita Yaduraj (Minor) D/o Shri Rishabh Dev, Aged About 11 Years Tgrough Her Natural Guardian (Mother) Smt. Kamini Yaduraj, W/o Shri Rishabh Yaduraj, A/o 37 Years, R/o Behind Digjam Showroom Santoshi Mandir, Pandri, Police Staiton Pandari Raipur, Tahsil And District Raipur, Chhattisgarh ... Applicant(s) versus Rishabh Dev Yaduraj S/o Shri Khilawan Yaduraj Aged About 39 Years R/o Sector 10, Street No. 02a, Q No. 10-D, Bhilai Police Station Bhilai Nagar, Tahsil Bhilai, District Durg, Chhattisgarh Presently Residing At Street No. 24, Quarter No. 14/b, Sector 10 Bhilai, P.S. Bhilai Naga, Tahsil Bhilai, District Durg, Chhattisgarh .... Respondent(s) For Petitioner (s) : Mr. Atul Kumar Kesharwani, Advocate. For Respondents (s) : Mr. Anil Gulati, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 1. Heard Mr Atul Kumar Kesharwani, learned counsel for the applicants. Also heard Mr. Anil Kumar Gulati, learned counsel for the respondent. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The present petition has been filed by the applicants seeking following prayer:- A.“It is therefore prayed that this Hon’ble Court may be pleased to call for the records of present case. B.I t is therefore prayed that this Hon’ble Court may be pleased to allow the instant revision and grant maintenance of Rs. 15,000/- to the applicant no. 01 (wife) and Rs. 30,000/- to the applicant no. 02 (daughter) instead of Rs. 8,500/-. . C. It is therefore prayed that this Hon’ble Court may be pleased to pass any other order as per the facts and circumstances of the case, as the Hon'ble Court may deem proper.” 3. Mr. Atul Kumar Kesharwani, learned counsel for the applicants submit that the marriage between the applicant No. 1 and the respondent was solemnized on 05.05.2009 and applicant No. 2 was born on 03.09.2010 from the said wedlock. After sometime of the marriage, as the respondent started treating the applicant No. 1 wife with cruelty on the demand of dowry, their relationship became sour and as such, the applicant No. 1 had to leave her matrimonial house, alongwith her child. She filed an application under Section 125 Cr.P.C. before the learned Family Court, Raipur which was partly allowed as the learned 1st Additional Principal Judge, Family Court, Raipur, has awarded a sum of Rs. 8500/- towards maintenance to the daughter/ applicant No. 2 but with respect to applicant No. 1/ wife, nothing has been discussed and the matter has been disposed of finally. 3 4. Mr. Anil Gulati, learned counsel for the respondent-husband opposes this petition and submits that the order passed by the learned Family Court is just and proper warranting no interference. 5. I have heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto. 6. From perusal of the order dated 28.02.2019 passed by the learned Family Court, it transpires that an amount of Rs. 8500/- has been awarded towards maintenance of the applicant No. 2-daughter but there is no discussion with regard to the maintenance for the applicant No. 1. It has neither been accepted nor rejected and in such circumstances, I am of the opinion that in the interest of justice, it would be better to remand the matter back to the learned Family Court for deciding the claim of the applicant No. 1 wife with respect to the grant of maintenance as the said issue has not been touched by the learned Family Judge. It is ordered accordingly. The matter, so far it relates to the applicant No. 1-wife is concerned, is remitted back to the learned 1st Additional Principal Judge Family Court, Raipur. However, the claim of the applicant No. 1 with respect to grant of maintenance to the tune of Rs. 30,000/- to the applicant No. 2-daughter, is rejected. 7. Accordingly, this petition stands disposed of. 8. Office is directed to send a copy of this order to the learned Family Court, forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal