1 2025:CGHC:16807 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 457 of 2025 1 - Sukhiram Bhardwaj S/o Aasraram Bhardwaj Aged About 59 Years Occupation Junior Suprintendant Cenral Storage Corporation Bhatapara, R/o Banstal, Surre Godown, Godown No.2, District Baloda Bazar (C.G.) ... applicant versus 1 - Smt. Amrit Bai Bhardwaj W/o Sukhiram, Aged About 48 Years R/o Gandhi Nagar, Odisha Road Bypass Thana Jutemil, District Raigarh (C.G.) ... Respondent(s) For applicant : Mr. Amit Sharma, Advocate S.B.: Hon'ble Shri Ravindra Kumar Agrawal, Judge Order On Board 09/04/2025 1. The present Criminal Revision petition has been filed by the applicant against the order dated 24.02.2025 passed by learned family Court, Raigarh in MJC No. F-42/2023 whereby the maintenance amount granted to the respondent/ wife was enhanced from Rs. 5000/- to Rs. 10,000/- per month. 2 2. The brief facts of the case are that the respondent is the wife of the petitioner. Earlier, the respondent had filed an application under Section 125 of Cr.P.C. for grant of monthly maintenance amount and initially Rs. 2000/- per month was granted to the wife of the petitioner as maintenance. However, vide order dated 30.07.2015 passed in MJC No. F-121/2014, the learned family Court has enhanced the monthly maintenance amount granted to the wife from Rs. 2000/- to Rs. 5000/- per month. Thereafter, considering the change in circumstances, the wife again filed an application for enhancement of monthly maintenance amount which has been registered as MJC No. 42/2023 before the learned family Court, Raigarh. 3. It is submitted by the respondent/ wife in her application that looking to the price hike, Rs. 5000/- per month granted to her is insufficient for her maintenance. She is required some more amount for her livelihood, medicine, clothing etc. Her husband is working as Junior Superintendent at Central Warehousing Corporation and earning Rs. 80,000/- per month, whereas she is having no source of her income and claimed Rs. 25000/- per month as maintenance amount. 4. In reply to the application filed by the wife, the petitioner submitted that he had also challenged the order dated 30/07/2015 passed by learned family Court by filing Criminal Revision before this Court but his Criminal Revision has been dismissed by this Court vide order dated 31.08.2023 and found Rs. 5000/- is sufficient for the wife for her maintenance. The wife along with her children have thrown him out from his house and he started residing at Bhatapara which is his work place and he is retired from his service on 31.07.2023 and he is not getting any pension as his service 3 was not pensionable. He also submits that his children are earning from their source of livelihood and they are residing with the wife and therefore, there is no ground for enhancement of the monthly maintenance amount. 5. After considering the evidence produce by the parties and hearing them, the learned family Court has enhanced the maintenance amount from Rs. 5000/- to Rs. 10,000/- per month which is under challenge in the present revision petition. 6. Learned counsel for the applicant would submit that presently, the applicant is a retired persons and is not having any source of his income as his service was not pensionable. He has been thrown out from his house by the wife and her children. He has given his own house to them for their resident and he is residing at Bhatapara in the house which he has constructed. Since the wife is being maintained by her sons and Rs. 5000/- has granted earlier by the learned family Court is sufficient for her maintenance and there is no need for any enhancement of the maintenance amount. 7. The change of circumstances preferred in Sub Section (1) of Section 127 of Cr.P.C. is a comprehensive phase and also includes change of circumstance of her husband. The amount of maintenance once fixed under Section 125 of Cr.P.C. is not something which can be taken to be blanket liability for all times to come. It is subject to variation on both sides and it can be increase or decrease as per the altered situation. Section 125 Cr.P.C. was conceived to ameliorate the agony anguished and financial suffering of the women which is required to leave the matrimonial home so that some considerable arrangement could be made to enable 4 her to sustain herself and children. She required the sufficient amount for her day to day expenses and looking to the present cost of living, Rs. 5000/- per month appears to be on lower side. The quantum of maintenance is always lies with the discretion of the family Court and the said discretion cannot be interfered with unless and until it is shown as arbitrary or capricious. The amount awarded by the learned family Court by the impugned order cannot be said to be exorbitant or excessive. 8. In view of the above, no infirmity or illegality is found to interfere with the same and the present revision liable to be and hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.04.11 18:25:01 +0530