1 2025:CGHC:27431 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 748 of 2025 1 - Smt. Janki Sahu W/o Hiresh Chand Sahu Aged About 37 Years R/o Dharsiwa, Tahsil And P.S. Dharsiwa , District - Raipur Chhattisgarh 2 - Ku. Swara Sahu D/o Hiresh Chand Sahu Aged About 11 Years Minor Through Legal Natural Guardian Mother Smt. Janki Sahu R/o Dharsiwa, Tahsil And P.S. Dharsiwa , District - Raipur Chhattisgarh 3 - Shourya Sahu S/o Hiresh Chand Sahu Aged About 6 Years Minor Through Legal Natural Guardian Mother Smt. Janki Sahu R/o Dharsiwa, Tahsil And P.S. Dharsiwa , District - Raipur Chhattisgarh ... Applicant versus Hiresh Chand Sahu S/o Late Manharan Aged About 44 Years Address Chhattisgarh State Electric Distribution Company Maryadit Mohabhatha Road , Bemetara, District - Bemetara Chhattisgarh. ---- Respondents For Applicant : Mr. A.D. Kuldeep, Advocate, on behalf of Mr. Vinod Kumar Dewangan, Advocate. For Respondent : None. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.06.2025 1. Heard Mr. A.D. Kuldeep, Advocate, on behalf of Mr. Vinod Kumar Dewangan, learned counsel appearing for the applicant. None appears for the private respondent. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. This Criminal Revision is being aggrieved of the judgment dated 26.03.2025 passed by the learned First Addtional Principal Judge, Family Court, District – Raipur (C.G.) in Misc. Criminal Case No. 878/2023, whereby the learned Family Court, District – Raipur, has rejected the application under Section 127 of the CrPC filed by the applicants for seeking enhancement of amount of maintenance. Hence, the applicant preferred this Criminal Revision. 3. The prosecution story in brief is that the applicants had filed an application under section 125 of Cr.P.C. for grant of maintenance amount that the applicant No. 1 and respondent had solemnized marriage according to Hindu Rites and Rituals custom since then the respondent and applicant No.1 were peacefully living as husband and wife together and on their wedlock, minor applicants No. 2 and 3 born. The applicants and respondent were in good relationship and after some time of marriage, the respondent started harassing and the mental torturing the applicants in the name of demand of dowry started using the filthy language against the applicant No.1, the applicants were being harassed and mentally tortured and hence is residing in rental house separately and she has no source of income, and applicant No.1 has spent very high amount for domestic expenses, education of the applicant No. 2 and 3 (daughter and son) who are studying as class-1st and class-5th at Shivas International School Kurra, Dharsiwa and treatment etc. and applicant No. 1 has expenses amount of Rs. 1,00,000/- annually for studies and expenses amount Rs. 36,000/- for vehicle and Rs. 20,000/- tuition fee and Rs. 30,000/- for health and other expenses and the applicant No. 1 is housewife and has unable for the such expenses and respondent is government servant and is working as clerk in Chhattisgarh State Electricity Distribution Company Ltd. Bemetara and 3 on account of his work, he obtained amount Rs. 85,000/- per month as income and hence the applicants filed application under Section 125 of Cr.P.C. for seeking maintenance amount from the respondent for seeking granting maintenance amount of Rs. 32,000/- per month against the respondent. The respondent has filed written statement and denied the all averment pleaded in the said application under Section 125 of Cr.P.C. thereafter, learned First Additional Principal Judge, Family Court Raipur Chhattisgarh has granted very low maintenance amount of Rs. 17,000/- vide its order dated 12.11.2022 in M.J.C. No. 708/2022. Thereafter, the applicants have constituted an application under Section 127 of Cr.P.C. before learned First Additional Principal Judge, Family Court Raipur Chhattisgarh for seeking enhancement of the said granting amount of Rs. 32,000/- instead of 17,000/-. The respondent have filed written statement and denied the all averment pleaded in the said application and the learned Family Court after hearing both the parties, vide its order dated 26.03.2025 has rejected the application under section 127 of Cr.P.C. Hence, this revision. 4. Learned counsel appearing for the applicant submits that the impugned order passed by learned Family Court is arbitrary, illegal and contrary to the evidence and documents submitted by the applicants. The applicants have left her matrimonial house due to the cruelty done by the respondent and the respondent has solemnized marriage, due to this, the applicants have suffered mental and physical cruelty. The learned Family Court has not considered the application under Section 127 of Cr.P.C. and insufficient granting maintenance amount while passing low amount of maintenance which is against the law. The learned Family Court has overlooked that the applicant No. 1 is suffering financial crisis to survival and also suffering from low economic condition for education of the 4 applicants No. 2 and 3 in his impugned maintenance order, which is not satisfactory and hence the maintenance amount is liable to be enhanced. 5. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 6. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the order of the Family Court, it transpires that no any good ground has been raised on merits by the applicants’ side, thus, it transpires that after hearing all the statements of the witnesses and perusing the evidence available on record, and considering the conditions of the respondents, the learned Family Court has passed the impugned order, and there is no any illegality and infirmity while passing the same which requires interference by this Court. 7. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. 8. Registrar (Judicial) of this Court is directed to transmit a certified copy of this order to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar