1 2025:CGHC:36522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 775 of 2023 Roheshwar Sinha S/o Bhuwanram Sinha, Aged About 25 Years R/o Village Reve, Post Patora, Police Station Berla, District Bemetara Chhattisgarh. ... Applicant(s) versus Smt. Annu Sinha W/o Roheshwar Sinha, Aged About 21 Years R/o Village Reve, Post Patora, Police Station Berla, District Bemetara Chhattisgarh At Presentl R/o Village Majgaon, Police Station Dadhi, District Bemetara Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Chandra Ramkumar holding the brief of Mr. Harishankar Patel, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 28 /07/2025 1. The applicant has filed this criminal revision against the order dated 26.04.2023 passed by the learned Family Court, Bemetara, District – Bemetara (C.G.) in M.J.C. No.63/2023, whereby, the learned Family Court partly allowed the application under Section AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 125 Cr.P.C. filed by the respondent and directed the applicant to pay Rs.2,000/- per month to respondent towards maintenance. 2. Brief facts necessary for disposal of this revision are that the respondent filed an application under Section 125 of the CrPC before the Family Court, stating that she is the legally wedded wife of the applicant and their marriage was solemnized on May 22, 2021. A daughter was born from their wedlock, but she passed away in 2022. After the marriage, the respondent went to the applicant's house to perform her marital obligations, where she was subjected to cruelty by her in-laws, including the applicant, due to dowry demands. They eventually ousted her on October 29, 2022. The respondent has no source of income, while the applicant owns agricultural land and runs a provision shop, generating sufficient income. However, he is not paying any maintenance to the respondent. Therefore, she filed an application for maintenance. After receiving notice, the applicant filed a reply denying the allegations. He claimed that the respondent is living separately without reasonable cause and that he never subjected her to cruelty or demanded dowry. The applicant stated that he does not own agricultural land or run a provision shop, instead, he works as a laborer, earning Rs. 100- 150 per day, which is not sufficient to sustain himself. The Family Court, after hearing both parties, directed the applicant to pay Rs. 2,000 per month to the respondent as maintenance. Hence, the revision. 3 3. Learned counsel for the applicant submits that the learned Family Court failed to appreciate that the applicant never ousted the respondent rather, the respondent herself left the applicant's house and is living in her parental home without any reasonable cause. He further submits that the learned Family Court failed to appreciate that the applicant is engaged in labor work, earning only Rs. 100-150 per day, and is unable to secure work every day. His income is irregular and barely sufficient to sustain his livelihood. He also submits that the learned Family Court failed to appreciate that since the respondent is living separately without any reasonable cause, she is not entitled to receive maintenance under Section 125 of the CrPC, without appreciating these crucial facts, the learned Family Court has granted maintenance to the respondent, which is also on higher side, hence, the same is liable to be rejected. 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 learned Family Court partly allowed the application under Section 125 Cr.P.C. filed by the respondent and directed the applicant to pay Rs.2,000/- per month to respondent towards maintenance observing that respondent is legally wedded wife of the applicant, further, there is no documentary or oral evidence available on record to prove that the respondent is capable of maintaining 4 herself. Therefore, it is evident from the evidence that the respondent is unable to maintain herself. Moreover, from the evidence, it is clear that the respondent frequently leaves her matrimonial home and goes to her parental home. The applicant has made efforts to bring her back, both personally and through social mediators, on two or three occasions. Although the respondent did stay with the applicant for some time, she did not reside permanently at her matrimonial home. The respondent’s primary reason for not living with the applicant is that she was subjected to cruelty due to dowry demands. The respondent has also alleged dowry harassment and filed a complaint. The applicant has leveled allegations against the respondent’s character without any concrete evidence. Given these circumstances, if the respondent is living separately despite the applicant’s efforts to reconcile, it is evident that she has sufficient reasons to do so. The proceedings before the Women's Cell also indicate that the respondent does not wish to live with the applicant. The respondent had reported physical abuse and harassment by the applicant to the Women's Cell, which further corroborates her statements. The registration of an offense under Section 498A/34 IPC against the applicant and others further supports the fact that the respondent has sufficient reasons to live separately from the applicant. Therefore, the Family Court concluded that the wife / respondent is entitled to maintenance. 5 6. Considering the submissions 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 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. 8. Registrar (Judicial) is directed to transmit the original record to the concerned Family Court within a week from today for necessary information and follow up action. Sd/- (Ramesh Sinha) Chief Justice Akhil