1 2025:CGHC:13026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 361 of 2025 1 - Huma Afrin W/o Abdul Shahid Aged About 31 Years, 2 - Minor Abdul Shakur S/o Abdul Shahid Aged About 10 Years, Both R/o Moudhapara Raipur, Tahsil And District Raipur (C.G.) ... Applicant versus Abdul Shaheed S/o Abdul Vaheed Aged About 39 Years R/o Vaheed Apartment Near Vrindavan Complex, Raja Masjit Gali, Moudhapara Raipur, Tahsil And District Raipur (C.G.) ... Respondent For Applicant : Smt. Indira Tripathi, Advocate. Hon'ble Shri Justice Arvind Kumar Verma Order on board 19/03/2025 1. Instant revision has been filed being aggrieved by the impugned order dated 22.01.2025 passed by the Learned Additional Principal Judge, Family Court Raipur (C.G.) whereby Rs.7000/- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.22 16:25:39 +0530 2 has been awarded as an interim maintenance to applicant No.1/wife and Rs.2000/- has been awarded to applicant No.2/son. 2. Facts of the case are that the applicant no. 1 is the legally wedded wife of the non-applicant and the applicant no. 2 is the son of the non-applicant who is presently studying in class 5th at holy Cross Senior Secondary School Raipur. Non-applicant having sufficient income from his 17 year old business (Iron Trading and Fabrication Work) and earns Rs. 1,50,000/- income per month from the aforesaid business, though, in the affidavit of the non- applicant he has stated that his monthly income is Rs. 35,000/-. The applicants have filed application for maintenance and also filed an application for grant of interim maintenance giving the details of the monthly requirement of the maintenance amount but the learned family court passed an order for providing only Rs. 7000/-per month for the applicant no. 1 and Rs. 2000/- per month to her son total amounting to Rs. 9000/- per month from the non- applicant. 3. Learned counsel for the applicants submits that the applicant no. 2 is a student of English Medium School and the monthly expenditure on his studies is of more than Rs. 15,000/- and the interim maintenance amount of Rs. 2000/- per month is not just and proper and the same is ought to be enhanced in the interest of justice. She would further submit that the applicant no. 1 is pursuing her PHD and she needs more funds of around Rs. 20,000/- per month. So, the interim maintenance of Rs. 7,000/- 3 per month is not just and proper and the same ought to be enhanced to Rs. 20,000/- per month in favour of the applicant no. 1. 4. Considering the facts of the case, specially considering the educational expenses of the child which is important, it is trite law that educational requirement of child needs to be fulfilled and the father cannot run away from it. Therefore, for the said purpose, I deem it proper to enhance the interim maintenance of child i.e. applicant No.2 Abdul Shakur from Rs.2000/- to Rs.4000/- and so far as interim maintenance of wife/applicant No.1 is concerned, learned Family Court has rightly awarded the interim maintenance to her, therefore no interference is called for with respect to grant of interim maintenance of wife/applicant No.1. However, the learned Family Court is requested to expedite the proceeding of 125 Cr.P.C. 5. With such observation, the revision stands disposed of. Sd/- (Arvind Kumar Verma) JUDGE gouri