1 2025:CGHC:40572 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 272 of 2024 Patilal Rajak S/o Shri Ram Lakhan Rajak Aged About 36 Years Resident Of Village Odari, P.S. And Tehsil Sonhat, District Korea Chhattisgarh. ... Applicant versus 1 - Mamta Rajak W/o Patilal Rajak, Aged About 29 Years Resident Of Ward No. 6, Kathalpara, Chhitjhore Pondi, P.S. Pondi Tahsil Chirmiri District- M.C.B. Chhattisgarh. 2 - Akansha Rajak D/o Patilal Rajak Aged About 9 Years Minor Through Natural Guardian Mother Mamta Rajak,wife Of Patilal Rajak, Resident Of Ward No. 6, Kathalpara, Chhitjhore Pondi, P.S. Pondi Tahsil Chirmiri District- M.C.B. Chhattisgarh. ---- Respondents For Applicant : Mr. Ritesh Verma, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.08.2025 1. Heard Mr. Ritesh Verma, learned counsel for the applicant. 2. This Criminal Revision is being aggrieved of the judgment dated 15.02.2024 passed by the learned Family Court, Manendragarh, District – Korea (C.G.) in MJC No. 101/2023, whereby the learned Family Court, allowed the application under Section 125 of the CrPC filed by the respondent, and ordered the applicant/husband that he has to pay the allowance for maintenance at the rate of Rs. 2,000/- per month to the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.14 18:49:23 +0530 2 respondent No.1 and Rs. 1,000/- per month to the respondent No.2. 3. The facts, in brief, is that the respondents filed an application under Section 125 of CrPC before the family Court for grant of maintenance stating that the applicant No.1 was legally wedded wife of the applicant, and they performed marriage on 13.05.2007 following Hindu customs and Caste tradition. Their married life was blessed with a son namely Aman aged about 6 years and Daughter aged about 3 years who is applicant No.2 in this revision. After some years of their marriage gone and found drastic change in the behavior of the respondent/wife, which was incorrigible. Respondent deserted him with daughter and lodged 2-3 FIR against the applicant and his family members, thereafter, she is residing with her parents at her parental home. 4. The applicant herein has filed the reply to the said application and has denied the averments raised by the respondent. 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 allowed the application under Section 125 of the CrPC filed by the respondent for grant of maintenance and directed the applicant to pay the maintenance to the tune of Rs. 2,000/- per month to the respondent No.1 and Rs. 1,000/- per month to the respondent No.2. Hence, this revision. 5. Learned counsel appearing for the applicant submits that impugned order passed by the learned Family Court, is contrary to the facts and evidence available on record. It is further submitted that the applicant is a landless person and earns nothing and the same fact has not been considered and fixed maintenance allowance without lawful assessment 3 which is arbitrary. Therefore, the impugned order is bad in law, perverse and erroneous, and the same it is liable to be set-aside/quashed. 6. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 7. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the impugned order passed by the learned Family Court, 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. 8. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. 9. Let a certified copy of this order be transmitted to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Preeti