1 2025:CGHC:40554 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 461 of 2024 Smt. Akanksha Rajpal W/o Bharat Tejkumar Rajpal Aged About 23 Years R/o 405/11, Pragati Nagar, Street No. 15/A, Near Chhaya Garden Risali, Bhilai, District - Durg, Chhattisgarh. ... Applicant versus Bharat Tejkumar Rajpal S/o Tejkumar Rajpal Aged About 27 Years R/o Rajpal Society, Banglow No. 16, Jeurpatoda Shivar, Dharangaon Road, In Front of Nagre Petrol Pump, Post Kopergaon, District - Ahmednagar (Maharashtra) ... Respondent For Applicant : Mr. Ali Afzaal Mirza, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.08.2025 1. Heard Mr. Ali Afzaal Mirza, learned counsel, appearing for the applicant. 2. The present revision has been filed by the applicant with the following prayer: “It is therefore prayed that this Hon'ble Court may kindly be pleased to allow this criminal revision by setting aside the impugned order dated 16.10.2023 passed by the learned Principal Judge, Family Court Durg (C.G.) in Miscellaneous Criminal Case No. 114/2021 in the case titled as "Smt. Akanksha Rajpal Vs. Bharat Tejkumar Rajpal" and may kindly grant and ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.14 11:11:37 +0530 2 enhance the maintenance amount to Rs 50,000/- per month for petitioner, in the interest of justice.” 3. Facts of the case are that marriage between the applicant and the respondent was solemnized on 20.11.2021 as per Hindu rites and rituals at Bhilai, District Durg (C.G.). At the time of marriage, the parents of the applicant gave her ornaments and other household articles. As per the demand of the respondent, they also gave Rs. 3,00,000/- in cash, along with a gold ring and chain to him. For completing the marriage ceremonies, Rs. 21,000/- was given in cash, and as a welcome gift, Rs. 1,100/- each was given to 25 family members of the respondent. However, as soon as the applicant reached the respondent’s house, she was tortured on the pretext of bringing insufficient dowry. Within a week of marriage, the respondent began hurling abuses at the applicant and also started physically assaulting her. The applicant’s in-laws behaved rudely towards her and forced her to do all the household chores— cooking, washing utensils, sweeping, etc.—from morning till night. The respondent assaulted the respondent severely, snatched her mobile phone, and kept it in his possession. She was neither allowed to speak to anyone nor permitted to eat or drink according to her own will. 4. The applicant has further stated in her application that due to severe cruelty by her in-laws—including beatings, abuse, and denial of food— her physical and mental health deteriorated, and she became seriously ill. She was not even allowed to consult a doctor for medical treatment. Instead, her brother-in-law and mother-in-law administered medicines to her at their own discretion, without consulting any doctor, which worsened her condition. When the applicant’s parents came to meet her, her in-laws behaved rudely with them and demanded an Ertiga car and 3 Rs. 2,00,000/- in dowry. When the applicant’s father refused, and fearing for his daughter’s safety, her parents took her back with them to Bhilai, assuring the in-laws that they would fulfill the demand later. The applicant’s parents and relatives tried to reconcile with the respondent, but he continued his unreasonable demands, behaved rudely, and threatened to implicate the applicant and her parents in a false case. The applicant has further contended that she filed a written complaint before Mahila Thana, Durg, on 27.05.2020. However, the respondent did not appear when called for counseling by the concerned police station. On 14.08.2020, the respondent sent a notice through an advocate stating that he would initiate civil and criminal proceedings against her and also seek divorce. Thus, the respondent deliberately abandoned the applicant without any reasonable cause and has no intention of living a married life with her. The applicant is dependent on her father, who runs an electronic shop on rent, and she has no independent source of income. On the other hand, the respondent owns two shops—Bharat Electricals and Rajpal Electricals—and a five-storey shopping mall where electronic goods and household articles are sold. The respondent earns approximately Rs. 1,50,000/- per month from these businesses. Therefore, the applicant prayed for a maintenance amount of Rs. 50,000/- per month by filing this application under Section 125 Cr.P.C. 5. Learned Family Court, after appreciating the evidence and documents on record, partly allowed the application of the applicant and granted her Rs. 8,000/- per month as maintenance. 6. Learned counsel for the applicant submits that the learned Court has erred both in law and on facts while passing the impugned order dated 16.10.2023. He submits that learned Court failed to appreciate that the 4 respondent is leading a comfortable and affluent lifestyle. He owns two electrical shops—Bharat Electricals and Rajpal Electricals—and also possesses a shopping mall in which various types of electrical and household goods are sold, from which he earns an income of approximately Rs. 1,50,000 per month. He also submits that the learned Court failed to appreciate that the amount of Rs. 8,000/- per month granted to the applicant as maintenance is meagre, and in the present cost-of-living scenario, it is extremely difficult for the applicant to sustain herself with such a small amount. He also submits that learned Court failed to take into account the ruling of the Hon’ble Supreme Court in Bhuwan Mohan Singh v. Meena & Ors. (2014), wherein it was held that Section 125 Cr.P.C. was enacted to alleviate the agony, anguish, and financial suffering of a woman who has left her matrimonial home for reasons covered under the provision, so that the Court can make appropriate arrangements for her and her children, if any. The term “sustenance” does not imply mere survival akin to animal existence; rather, the wife is entitled to live in the same manner as she would have lived in her husband’s home. He also submits that learned Court failed to appreciate that maintenance is not only a statutory and constitutional right but also an element of universal human rights. The purpose of maintenance is twofold: (i) to prevent vagrancy as a result of strained husband–wife relationships, and (ii) to ensure that the financially weaker spouse is not handicapped in defending or prosecuting a case due to lack of resources 7. Learned counsel for the applicant submits that learned Family Court failed to appreciate that the object of maintenance proceedings is to provide for a spouse who has no sufficient means to meet daily needs 5 and no independent source of income. If such relief is granted only after an inordinate delay, the very object of the provision stands frustrated. Learned Family Court failed to consider that, in view of the rapid inflation in the prices of essential commodities, the amount of Rs. 8,000/- awarded by the learned Family Court is grossly inadequate for the applicant’s maintenance. 8. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 9. From perusal of the impugned order, it transpires that the learned Family Court, after considering all the documents and evidence adduced by the parties, has partly allowed the application under Section 125 of the Cr.P.C. filed by the applicant and awarded maintenance of Rs. 8000/- to the applicant, observing the income, social and economic status of both parties and the current price index, which cannot be said to be on the lower side. 10. Considering the submission advanced by the learned counsel for the applicant and perusing the impugned order and the finding recorded by the learned Family Court, I am of the view that the learned Family Court has not committed any illegality or infirmity or jurisdictional error in the impugned order warranting interference by this Court. 11. Accordingly, the criminal revision, being devoid of merit, is liable to be and is hereby dismissed. Sd/- (RameshSinha) Chief Justice Abhishek