1 2025:CGHC:12382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 341 of 2025 • Arjun Rajput S/o Shri Ramchandra Rajput Aged About 30 Years R/o Village- Pandarbhattha, Thana Mungeli, District- Mungeli (C.G.) ... Applicant versus 1. Smt. Sandhya Rajput W/o Shri Arjun Rajput Aged About 27 Years R/o Ward No.- 53 (Anjali Auto Parts) Prabhat Chowk Chingrajpara, Thana Sarkanda, District- Bilaspur (C.G.) 2. Aayush Rajput S/o Shri Arjun Rajput Aged About 5 Years Minor, Hence Through His Natural Guardian And Mother, Smt. Sandhya Rajput, W/o Shri Arjun Rajput. R/o Ward No.- 53 (Anjali Auto Parts) Prabhat Chowk Chingrajpara, Thana Sarkanda, District- Bilaspur (C.G.) ... Non-applicants For Applicant : Mr. Bhuvneshwar Singh Rajput, Advocate For Non-applicants : None. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 12/03/2025 1. The present criminal revision under Section 19(4) of the Family Court Act has been preferred by the applicant assailing the order dated 24.12.2024 passed by the learned VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.21 14:48:54 +0530 2 Principal Judge, Family Court, Bilaspur, Chhattisgarh, in Misc. Cr. Case No. 53/2024 whereby an appeal under Section 125 of CrPC filed by the respondent No.1/Wife has been allowed. 2. Facts of the case, in brief, is that the brief facts of the case are that both the parties are Hindu. The marriage was solemnized between the applicant and non-applicant No. 1 in accordance with Hindu Rites and Customs 10 years ago at Ratanpur Mahamaya Mandir, District-Bilaspur (C.G.). From the married life of both the parties, two sons and one daughter have been born. Out of which one son Ayush Rajput, Age 05 years is currently living with the Non- applicant No. 1 and one daughter Ku. Versha Rajput and one son Kartik Rajput are living with the present applicant and The Respondents/Non-applicants filed an application Under Section 125 of Criminal Procedure Code (For brevity CR.P.C.), before the Learned Principal Judge, Family Court Bilaspur, District- Bilaspur (C.G.), inter-alia alleging that the applicant is addicted to drinking alcohol and he used to come home every evening after drinking alcohol and used to beat the Non-applicant No. 1 with kicks and punches by behaving cruelly with her. The applicant and his family members used to lock the Non-applicant No. 1 in the room for two-three days and did not give her food. It is further 3 alleged that when the Non-applicant No. 1 went to the applicant's house with her two children, then she was beaten and driven out of the house by the applicant and his mother Ramkali. It is also alleged that the applicant is well- off person and there is 4.00 acres two-crop agricultural land is situated in the name of the applicant in village Pandarbhattha, Tahsil Mungeli, District-Mungeli, Chhattisgarh. Beside this, the applicant earns Rs. 30,000/- per month from brick kiln. The applicant filed reply of the application filed by the non-applicants under section 125 of CR.P.C. denying all the allegation made by the applicants. Non-applicant. the Learned Principal Judge, Family Court Bilaspur, District-Bilaspur, after hearing both the parties on application U/s 125 of CR.P.C. for granting maintenance filed by the respondents/Non-applicants, passed an order dated 24.12.2024 (Annexure A/1), whereby the application for granting maintenance filed by the respondents/Non- applicants has been partly allowed and thereby directed to revisioner to pay Rs. 1,500/- to the Respondent/Non- applicant No. 1 (Wife) and Rs. 500/- to the child (Respondent No. 2) total amounting Rs. 2,000/- per month from the date of filing of application for maintenance dated 12.01.2024. 3. Learned counsel for the applicant submits that respondent 4 No.1 has left her matrimonial house with her own will and refused to live with her husband without any sufficient reason and and thereafter, she is living in Bilaspur (Mayka) along with children on her own will and she is able to maintain herself as she is working as a house keeper and getting Rs. 15,000/- therefore, he prays for quashment of the impugned order dated 24.12.2024. 4. I have heard learned counsel for the applicant and perused the records with utmost circumspection. 5. On perusal of records, it transpires the fact that the respondent No.-1 had filed application u/s 125 of Cr.P.C. before the learned Principal Judge, Family Court, Bilaspur, C.G. and the same was allowed on 24.12.2024 and granted Rs.15,00/- to the respondent No.1 and Rs.500/- to the Respondent No.2 as maintenance. 6. Considering facts and circumstances of the case, and also considering the facts that the respondent No.1 had to leave her matrimonial house and had to reside with her children separately and the respondent No.2 and 3 are studying and keeping in view the time elapsed and and there is sufficient reasons for the wife to reside separately to her husband. The increase in inflation because of which she is facing great hardships and is unable to maintain herself, this Court is of the opinion that the learned Family Court has 5 rightly passed the impugned order dated 24.12.2024, and granted Rs.15,00/- to the respondent No.1 and Rs.500/- to respondent No.2 as maintenance, in which there is no need for interference. 7. This Court of the considered view, there is neither illegality nor perversity in the order impugned and also there is no judicial error committed by the learned Family Court. Accordingly, this petition stands dismissed. Sd/- (Arvind Kumar Verma) JUDGE vaishali