1 2025:CGHC:13990 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 384 of 2025 1 - Deepmala Sonkar W/o Dayanand Sonkar Aged About 26 Years, 2 - Purvansh Sonkar S/o Dayanand Sonkar Aged About 01 Year Minor Through His Natural Guardian Mother Smt. Deepmala Sonkar, Both are R/o Quarter No. E/81, C.S.E.B. Colony, Mandwa, Police Station And District Janjgir-Champa (C.G.), Present Address- In Front Of Rishabh Nagar, Ward No.-38, Baijnath Para, Durg, Tahsil And District- Durg (C.G.) ... Applicants versus Dayanand Sonkar S/o Sonauram Sonkar Aged About 33 Years R/o Mathpuraina, Raipur, Tahsil And District- Raipur (C.G.), Present Address - Quarter No. E/81, C.S.E.B. Colony, Mandwa, Police Station And District Janjgir-Champa (C.G.) ... Respondent For Applicants : Mr. Jitendra Gupta, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 24/03/2025 1. This criminal revision has been preferred by the applicants under Section 19(4) of the Family Courts Act, 1984 being aggrieved by the order dated 22.01.2025 (Annexure A/1) passed by the learned First Additional Principal VASANT KUMAR Digitally signed by VASANT KUMAR 2 Judge, Family Court, Durg, District Durg (C.G.) in Misc. Criminal Case No.436/2024, whereby the interim application filed under Section 125 of CrPC has been partly allowed and interim maintenance of Rs.2,000/- per month for applicant No.1 and Rs.2,000/- per month for applicant No.2 (total Rs.4,000/- per month) has been fixed. Hence, this revision is being filed for enhancement of the maintenance amount. 2. Brief facts of this case, it is alleged that the applicant No.1 is the wife and applicant No.2 is son of the non-applicant/respondent. The marriage between the applicant No.1 and non-applicant took place according to Hindu rites and rituals at Baijnathpara Durg, Tahsil & District Durg (C.G.). Thereafter, applicant No.1 started living with the non-applicant. It is alleged that after getting marriage, non-applicant and his family members started torture in connection with demand of dowry to the applicant No. 1. Further it is alleged that non-applicant was in illicit relation with another woman namely Shalini. On the protest by applicant No.1, non-applicant started physical and mental torture including threatening to kill her. On 04.03.2024, applicants were discarded by the non-applicant and his family members, therefore, applicant No.1 is living her parental house at Durg (C.G.) with her son i.e. applicant No.2. The non-applicant is not maintaining the applicants despite of having sound economical condition working as a Plant Assistant at ABVP Power Plant, Janjgir-Champa from where Rs. 65,000/- per month salary has been fixed. More than that non-applicant having double story house at Raipur from where Rs. 5,000/-per month income as rent, agricultural land situated at Arang, District Raipur (C.G.) from where Rs.2,40,000/- annual income is being 3 obtained by the non-applicant. Despite of it, non-applicant is neglecting to maintenance of the applicants, therefore, prayed for interim maintenance of Rs. 40,000/- per month. 3. Non-applicant filed his reply to the applications and denied the version of the applicants and specially stated that the applicant No.1 is not entitled to get maintenance and prayed for dismissal of the application. 4. On the basis of the pleading of the parties and documents available on record, affidavit given by the parties, the learned court below decided the interim application, thereby Rs.2,000/-per month granted as interim maintenance for applicant No.1 and Rs.2,000/-for the applicant No.2, total Rs. 4000/- per month by impugned order dated 22.01.2025. 5. Learned counsel for the applicant that it has not been taken into account that Rs.2,000/- per month each of the applicant is a very meager amount and it is very difficult for two persons to survive, whereas the applicants are unable to earn money since wife is a house wife and unable to perform any outside work to leave the little child alone in the home or to do any business for her livelihood. He further contended that the wife is a woman living with her old aged parents and who are suffering various kinds of old aged diseased. The cost of inflation is very high and due to the awarded amount, which has been granted by the learned Family Court, is very meager to survive and liable to be enhanced. It is further contended that the learned family court ought to have taken into consideration that the non-applicant is working as Plant Assistant and earning Rs. 65,000/-per month salary having another source of income 4 also living luxurious life but only in total Rs.4,000/-per month interim maintenance has been granted which is liable to be enhanced. It is, therefore, prayed that this Court may be pleased to allow the revision and be pleased to enhance the maintenance amount awarded in the order dated 22.01.2025 (Annexure A-1) from Rs. 4000/- to Rs. 30,000 + Rs. 10,000 in total Rs. 40,000/- per month or as prayed in the interim application prayed before the learned Family Court, Durg, District Durg (C.G.), in the interest of justice. 6. I have heard learned counsel for the applicants and perused the impugned order available on record with utmost circumspection. 7. Considering the facts of the case, submission made by learned counsel for the applicants and from perusal of the record, it is evident that after taking into consideration, the learned Family Court has granted interim maintenance amount of Rs.4,000/- per month (Rs.2,000/- for each applicant). 8. From perusal of the record of the trial Court, it transpires that applicant No.1/wife has no high source of income, she is residing in her parental home with her minor son/applicant No.2 and she is struggling to support herself, hence, the Family Court granted the interim maintenance to the applicants under Section 125 of CrPC, non-applicant is husband of applicant No.1 and father of applicant No.2, has to pay the said interim maintenance amount. Therefore, considering facts of the case and looking to the the price index which is prevailing in the society and hike in value of the commodities and nature of job of the respondent, it is directed that the respondent shall pay total interim maintenance of Rs.8,000/- per month to the applicants instead of 5 Rs.4,000/- (Rs.5,500/- for applicant No.1 and Rs.2,500/- for applicant No.2), from the date of application for interim maintenance. 9. Accordingly, the revision is partly allowed and stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant