1 2025:CGHC:36131 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 728 of 2022 Ashish Kumar Saroj S/o Shri Raghuvar Prasad Saroj Aged About 42 Years Caste Pasi, R/o Ward No. 6, Katahal Para, West Chirmiri Colliery, Pondi, Tahsil Baikunthpur, District Korea (C.G.) ... Applicant(s) versus 1 - Smt. Ratna Saroj W/o Shri Ashish Kumar Saroj Aged About 36 Years Caste Pasi, R/o Sarkari Dafai, Ward No. 22, Chhota Bazar Chirmiri, Police Station Chirmiri, Khadgawan, District Korea (C.G.) 2 - Ku. Soumya Saroj D/o Shri Ashish Kumar Saroj Aged About 8 Years Caste Pasi, Minor Through Her Mother Smt. Ratna Saroj W/o Shri Ashish Kumar Saroj Aged About 36 Years Caste Pasi, R/o Sarkari Dafai, Ward No. 22, Chhota Bazar Chirmiri, Police Station Chirmiri, Khadgawan, District Korea (C.G.) ... Respondent(s) For Applicant(s) : Mr. Laxmin Kashyap on behalf of Mr. Rishi Rahul Soni, Advocate AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 25.07.2025 1. The applicant has filed this criminal revision against the order dated 20.12.2021 passed by learned Family Court, Manendragarh, District- Korea (C.G.) in M.J.C. No. 96/19 (CIS/MCC/98/19), whereby, the learned Family Court has allowed the application under Section 127 Cr.P.C. filed by the respondents and enhanced the amount of maintenance passed in favour of respondent No.1 from Rs.4000/- to Rs.5000/- per month and the amount of maintenance passed in favour of the respondent No.2 from Rs.2000/- to Rs.3000/- per month. 2. Brief facts necessary for disposal of this revision are that on 05.02.2016, the application filed by the respondents under section 125 of the Cr.P.C. was disposed of vide order dated 05.02.2016 and the applicant herein was directed to pay Rs. 1,500/- per month as maintenance to the respondent No.1 and to pay Rs. 1,500/- per month as maintenance to the respondent No.2. On 03.02.2018, the application filed by the respondents under section 127 of the Cr.P.C. was allowed, and thereby, the amount of maintenance passed in favour of the respondent No.1 was enhanced from Rs. 1,500/- to Rs. 4,000/- per month and the amount of maintenance passed in favour of the respondent no.2 was enhanced from Rs. 1,500/- to Rs. 2,000/- per month. On 20.08.2019, an application under section 127 of the Cr.P.C. was 3 filed by the respondents, submitting in substance that the respondent No.2 is studying at Class 1 in Marya Higher Secondary School and as such there is an additional burden of education upon the respondent No.1 and it is not possible to meet expenses with the amount of maintenance earlier granted whereas the applicant is getting salary of Rs. 39,519/- per month and with such submissions the respondents claimed Rs. 10,000/- per month for the respondent No.1 and Rs. 5,000/- per month for the respondent No.2. On 20.12.2021, the Learned Judge, Family Court Manendragarh, District. -Korea (C.G.) has passed order dated 20.12.2021 and thereby has partly allowed the application filed by the respondents under section 127 of the Code of Criminal Procedure 1973 by enhancing the amount of maintenance passed in favour of the respondent no.1 from Rs. 4,000/- to 5,000/- per month and the amount of maintenance passed in favour of the respondent no.2 from Rs. 2,000/- to 3,000/- per month. Hence this revision. 3. Learned counsel for the applicant submits that the impugned order dated 20.12.2021 is illegal and bad in the eyes of law and has been passed without considering the materials available on record. In the original case, the amount of maintenance was fixed on basis of compromise and therefore there is no scope for enhancement. The applicant has to bear expenses incurred in maintenance of his father and brother and furthermore he has to make repayment of loan obtained for treatment of his mother and 4 for marriage of his sister, and therefore, the application filed by the respondents under section 127 of the Cr.P.C. is liable to be dismissed. Also, the respondents have failed to prove their case on the point of increase of expenses, and therefore, the application filed by the respondents under section 127 of the Cr.P.C. is liable to be dismissed. 4. I have heard learned counsel for the applicant, perused the impugned order and other documents appended with criminal revision. 5. From perusal of the impugned order, it transpires that the Family Court partly allowed the application under Section 127 Cr.P.C. filed by the respondents and enhanced the amount of maintenance passed in favour of the respondent No.1 from Rs. 4,000/- to 5,000/- per month and the amount of maintenance passed in favour of the respondent No.2 from Rs. 2,000/- to 3,000/- per month observing that it cannot be denied that the prices of daily use items have increased in three years after the order passed by the Court on 03.02.2018, further the respondent No.2 is started studying in class 2, so certainly the increase in education expenses cannot be denied. Therefore, due to the increase in the rate of inflation, it would the learned Family Court enhanced the maintenance amount, which cannot be said to be on a higher side. 6. Considering the submissions advanced by the learned counsel for the applicant and perusing the impugned order and the finding 5 recorded by the learned Family Court, I am of the view that the Family Court has not committed any illegality or infirmity or jurisdictional error in the impugned order warranting interference by this Court. 7. Accordingly, the revision being devoid of merit is liable to be and is hereby dismissed. Sd/- (Ramesh Sinha) Chief Justice Akhil