Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 844 of 2024 1 - Smt. Sukvariya W/o Sanjay Kurre, D/o Narayan Aged About 34 Years, 2 - Ashish Kumar S/o Sanjay Kurre Aged About 9 Years, through Natural Guardian Mother Smt. Sukvariya, both are R/o Village Dodibahra, Thana & Tahsil - Baikunthpur, District Koriea (C.G.).
... Applicants Versus 1 - Sanjay Kurre S/o Ransai Aged About 39 Years Occupation - M.P.W. Health Centre, R/o Chrehapara Charcha, Thana - Charcha, Tahsil Baikunthpur, District Korea (C.G.)
... Respondent(s) For Applicant : Shri Sanjay Kumar Yadav, Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J
Order
on Board
17.04
.202
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1. The present Criminal Revision has been filed by the applicants under Section 19(4) of the Family Courts Act, 1984, against the impugned
order dated 24.05.2024 passed by the Family Court, Manendragarh, Camp Court, Baikunthpur, District Koria in Misc. Criminal Case No.27/2023 whereby the application filed by the applicants under Section 127 CrPC for alteration of maintenance amount has been partly allowed and the amount of maintenance is enhanced from Rs.6000/- per month to Rs.8000/- per month. Digitally signed by INDRAJEET SAHU Date: 2025.04.17 17:05:13 +0530
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Learned counsel for the applicants would submit that the respondent husband is in government service and having income of Rs.30,000/- per month. The applicants are facing hardship and Rs.8000/- is not sufficient for their livelihood. They are required to spent more amount in the education of applicant No.2. They are also having various expenses like medicine, clothing and daily needs, therefore, Rs.8000/- per month is quite insufficient for them and the amount of maintenance granted to the applicants may be enhanced suitably.
3. I have heard the counsel for the applicants and perused the documents annexed with the petition.
4. The quantum of maintenance is always discretion of learned Family Court which can be based on the evidence produced by the parties. It is not something that once it has been fixed, it cannot be altered at any time. Perusal of impugned order would show that the Family Court after adverting the entire facts and circumstances of the case as well as the evidence adduced by the parties have enhanced the monthly maintenance amount from Rs.6000/- to Rs.8000/- per month to the applicants, in which I do not find any perversity or illegality.
5. Consequently, the criminal revision is dismissed at admission stage itself. However, the applicants are at liberty to take recourse of law in change of circumstances, if any. Sd- (Ravindra Kumar Agrawal) Judge inder