1 2025:CGHC:9274 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 487 of 2022 1 - Smt. Kavita Sinha W/o Tikeshwar Singh Aged About 29 Years 2 - Chaitanya Sinha S/o Tikeshwar Sinha Aged About 10 Years Minor Through The Legal Guardian Smt. Kavita Sinha 3 - Harshit Sinha S/o Tikeshwar Sinha Aged About 3 Years Minor Through The Legal Guardian Smt. Kavita Sinha All are R/o Q. No. 2b, Sadak No. 18, Nandani Nagar Ahiwara, Police Station Nandan Nagar, Tahsil Dhamdha District Durg Chhattisgarh. ... Applicants versus 1 - Tikeshwar Sinha S/o Kartik Sinha Aged About 40 Years R/o Village No. 89, Bazarpara, Ward No. 6, Devri , District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ... Respondent(s) For Applicants : Shri T.K.Jha, Advocate For Respondent(s) : Ms. Swechha Sharma, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 21/02/2025 Being aggrieved by the order dated 04.02.2022 passed by the Third Additional Principal Judge, Family Court, Durg in Cr. Case No. 2 1127/2017 whereby the application filed by the applicant under Section 125 Cr.P.C. has been allowed. The applicants have filed this application for enhancement of the maintenance amount which has been awarded in their favour. 2. Before the Family Court, applicant (wife) filed application under Section 125 Cr.P.C. for maintenance of herself and two minor children from the respondent. It was pleaded in the application that the marriage of the applicant and non-applicant was solemnized on 12.05.2006 as per Hindu rites and customs and out of their wedlock they are having two children. The non-applicant used to suspect her and therefore harassed her physically and mentally. Non-applicant was a Shiksha Karmi and after promotion to Shiksha Kkarmi-II, he was transferred to Govt. Middle School Hardi, Tahsil Berla, district Bemetara. The non- applicant used to assault her as a result of which the applicant got her neck and waist fractured. The applicant lodged a report at Mahila Thana Durg. Thereafter, she left the house of the non-applicant and is residing at her parental house. It is submitted that the applicant is unable to maintain herself and her two children, the applicant has sufficient ground for residing separately and as she demanded Rs. 15,000/- total as maintenance from the respondent. In his reply, respondent denied all the allegations. 3. Learned Family Court, after adducing evidence of both the parties, allowed the application of the applicant under Section 125 Cr.P.C. and awarded maintenance for a sum of Rs. 5,000/-, 2,500/- each to the minor (ie. Rs. 5,000/-) which is a very meager amount looking to the increasing price of essential commodities and the present cost of living. 3 4. It is not disputed before the Family Court that the applicant is legally wedded wife of non-applicant and at present she is residing separately from her husband. Learned Family court has found sufficient ground for the applicant's living separately and partly allowed the application by awarding maintenance of Rs. 5,000/- and Rs. 2,500/- each to the minor children as interim maintenance which is on the lower side and needs to be enhanced. The respondent has stated in his evidence that he is serving as Shiksha Karmi Grade-II and has to look after his parents and earns salary of Rs.47,865/- per month. Applicant has not filed any pay slip or any document regarding the agricultural income and salary of the non-applicant. 6. Thus, taking into consideration the above facts of the case, amount of Rs. 5,000/- and Rs. 2,500- each to the minor is very meager amount looking to the present cost of living and therefore the application is allowed and Rs. 6,000/- is awarded in favour of the applicant No.1 and Rs. 3500/- each to the applicant No.2 & 3 who are minor children (ie. total of Rs. 7,000/-). Thus, Rs. 13,000/- is ordered in favour of the applicants. Accordingly, the revision is allowed in part. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.02.25 10:53:12 +0530