1 2025:CGHC:34647 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 324 of 2023 Anil Verma S/o Dharam Verma Aged About 42 Years R/o Village Singhauri, Gaurav Parth Marg, Tahsil Bemetara, District : Bemetara, Chhattisgarh ... Applicant versus Smt. Baby Verma W/o Anil Verma Aged About 40 Years R/o Village Singhauri, Tahsil And District Bemetara, Chhattisgarh. At Present - Village Kirki, Post Office Ninwa, Police Station and Tahsil Bemetara, District : Bemetara, Chhattisgarh ... Respondent(s) For Applicant : Mr. Kulesh Sahu, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.07.2025 1. This criminal revision has been filed by the applicant being aggrieved with the impugned order dated 04.02.2023 passed by the learned Judge, Family Court, Bemetara, District - Bemetara (C.G.) in Cr. MJC No.399/2022, whereby the respondent filed an application under Section 127 of Cr.P.C before the learned Family Court for grant of the maintenance amount which has been partly allowed with direction to the applicant to pay amount of Rs. 3,000/- per month to the respondent. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.22 19:19:19 +0530 2 2. The brief facts of the case is that the respondent has filed application under Section 125 of Cr.P.C. in MJC No. 132/2016 in in between smt. Baby Vs. Anil Verma which allowed on dated 30.01.2018, the learned Family Court has granted 1500/- per month maintenance to respondent from present applicant. On dated 16.11.2022 the respondent has filed application under Section 127 of Cr.P.C. in Cr.M.J.C. Νo. 399/2022 for enhance maintenance amount Rs. 1,500/-. tο Rs.10,000/-. On dated 04.02.2023 learned Family Court has partly allowed the application filed by the respondent and enhance the earlier amount 1,500/- Rs. To 3,000/- per month to the respondent. 3. Learned counsel appearing for the applicant submits that the present applicant has filed civil suit No. 02 A/ 2022 Anil Verma Vs, Smt. Baby under Section 13 of Hindu Marriage Act regarding divorce on the basis of cruelty from the respondent, which is allowed on dated 06.08.2022 from the learned Family Court, Bemertara, but learned Family Court has not appreciated that, the respondent is living separately without any sufficient reason. The respondent has filed appeal against that order FA(MAT) No. 169/2022 which is pending before this Cout. The present applicant has maintain his parents along with two child, who are residing along with his father. The respondent is an educated lady and she is capable for maintain her self very well. After divorce between the parties learned Family Court has enhanced the maintenance amount is liable to be set aside. The respondent has not produced any documents regarding income of the present applicant, without showing any relevant document. 4. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 5. From the perusal of the orders of the Family Court, it transpires that the 3 applicant has an electrician's shop in Naveen Bazar Bemetra and he has ancestral house and agricultural land in village Singhauri. Being the only son, he must be enjoying the income from agricultural land. His parents are old, but he can arrange for the maintenance of his parents from the income from agricultural land. In this way, it is proved that the applicant earns income from the electrician's shop and agricultural land in village Singhauri, but he also has the responsibility of his two children and parents. Therefore, it is proved from the evidence that after the passing of the previous maintenance, there has been a substantial change in the situation today. In this way, considering all the factors like the applicant's sources of income, his responsibilities, the respondent's responsibilities, the expenses on his son, the increase in inflation etc and balancing them, it would be justified to make some increase in the order of previous maintenance. As such, there is no illegality and infirmity while passing the impugned order and the same warranting no interference by this Court. 6. Considering the submission advanced by the learned counsel for the applicant herein and also considering the finding recorded by the learned Family Court, I do not find any illegality or infirmity in the impugned order passed by the learned Family Court. 7. Accordingly, the present revision being devoid of merit, is liable to be and is hereby dismissed. 8. Let a copy of this order as well as original record of this case be transmitted to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti