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2025 DAILYLAW 26039 (CHH)

PURNIMA SAHU v. DEV KISHAN SAHU

CRR/701/2025 · 2025-06-16

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:24772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 701 of 2025 • Purnima Sahu W/o. Dev Kishan Sahu, Aged About 46 Years, Village - Belaudi, Block - Gunderdehi, District - Balod (C.G.) (Wife) ... Applicant versus • Dev Kishan Sahu S/o. Sundar Lal Sahu, Aged About 48 Years, Village - Haldi, Block - Gunderdehi, District - Balod (C.G.) (Husband). ... Respondent For Applicant : Mr. Shubham Tripathi, Advocate. For Respondent : Not noticed Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17/06/ 2025 1. The present revision has been filed under Section 19(4) of the Family Courts Act, 1984 preferred against the impugned order dated 25.04.2025 passed by the learned Judge, Family Court, Balod (C.G.) in Misc. Criminal Case No. 14/2025, whereby the interim maintenance application filed by the applicant (wife) has been rejected by the learned Judge, Family Court Balod. 2. Learned counsels appearing for the applicant submits that the SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.18 17:32:34 +0530 2 trial Court has erred in rejecting the applicatioon seeking interim maintenance. It is contended that the applicant is a legally wedded wife of the respondent and their marriage was duly solemnized on 24.04.2022 in Arya Samaj Raipur with mutual consent. The applicant, having no independent source of income, is entitled to maintenance. Meanwhile, the respondent, who owns 05 acres of land and operates a wholesale grocery shop, is financially capable of paying interim maintenance. Therefore, it is prayed that the impugned order dated 25.04.2025 be quashed and the present revision be allowed, granting interim maintenance to the applicant in the interest of justice. 3. I have heard learned Counsels appearing for the applicant and perused the documents annexed with the revision including the impugned order. 4. The applicant herein had filed an interim application under Section 144 of the BNSS, 2023 before the Learned Principal Judge, Family Court, Bilaspur (C.G.) for grant of maintenance to Rs.80,000/-. Learned Principal judge after appreciating oral and documentary evidence available on record rejected the said application vide impugned order dated 25.04.2025 passed in Misc Criminal Case No. 14/2025 on the ground that the respondent (husband) filed a suit for declaration and permanent injunction before Civil Court, seeking a declaration that the applicant is not his wife is still pending. 5. Having carefully examined the impugned order, I find no 3 perversity, illegality, or inconsistency in the findings recorded by the learned Principal Judge. The conclusions appear to be well- reasoned and are duly supported by the oral and documentary evidence available on record. 6. Accordingly, the revision is hereby dismissed at motion stage itself. 7. However, the Family Court is directed to expedite the trial as expeditiously as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.