1 2025:CGHC:27744 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 764 of 2025 1 - Rajesh Minj S/o Shri Prabal Minj Aged About 30 Years R/o Jameera, Khalpara, Post Pataura, Police Station Dhaurpur, Tahsil Lundra District Sarguja (C.G.) ... Applicant versus 1 - Smt. Anupa Bada W/o Shri Rajesh Minj Aged About 21 Years D/o Sri Mukutdan Bada, R/o Village Jameera, Khalpara, Post Patora, Police Station Dhaurpur, Tahsil Lundra, District Sarguja (C.G.) Presently Resided At Village Mohanpur, Police Station And Tahsil Darima, District Sarguja (C.G.). 2 - Kumari Nainsi Minj D/o Shri Rajesh Minj Aged About 2 Years Minor Through Natural Guardian Mother, Smt. Anupa Bada, R/o Village Jameera, Khalpara, Post Patora, Police Station Dhaurpur, Tahsil Lundra, District Sarguja (C.G.) Presently Resided At Village Mohanpur, Police Station And Tahsil Darima, District Sarguja (C.G.). 3 - Kumari Nimmi Minj D/o Shri Rajesh Minj Aged About 7 Years Minor Through Natural Guardian Mother, Smt. Anupa Bada, R/o Village Jameera, Khalpara, Post Patora, Police Station Dhaurpur, Tahsil Lundra, District Sarguja (C.G.) Presently Resided At Village Mohanpur, Police Station And Tahsil Darima, District Sarguja (C.G.). ... Non-applicant For Applicant : Mr. A.K. Yadav, Advocate. For Respondents : None 2 Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 25.06.2025 1. Heard Mr. A.K. Yadav, learned counsel the applicant. None appears for the respondents. 2. This Criminal Revision has been preferred by the petitioner/husband under Section 19 (4) of the Family Court Act, 1984 challenging the order dated 07.04.2025 passed by learned Family Court, Ambikapur in Misc. Criminal Case No. 03/2024 whereby the learned trial Court has partly allowed the application under Section 125 of the CrPC filed by the respondents , who are wife and children of the petitioner, for grant of maintenance and ordered the petitioner/husband that he has to pay the maintenance of Rs. 4,000/- per month to the respondent No.1/wife, Rs.2,000/- per month to respondent No. 2 (daughter) and Rs.2,000/- per month to respondent No. 3 (daughter), respectively [Total Rs.8,000] per month. 3. Facts of the case, in brief, is that the marriage of petitioner was solemnized with the respondent No. 1 on 07.04.2021 in Catholic Church of village Mohanpur under the custom and rites of Christianity and out of their wedlock, respondent Nos. 2 and 3/ female children were born and they were residing with their mother. Subsequently, disputes arose between them when respondent No. 3 (female child) born, as the expectation of the petitioner was of male child. As a result thereof, the applicant started harassing her (respondent No. 1) physically & mentally and compelled her to live 3 apart from him. Thereafter, the present respondents have filed an application under Section 125 of Cr.P.C. for maintenance claiming total compensation of Rs. 18,000/- per month (Rs. 6000/- per month for each of the Respondents), on the ground that after the marriage, the applicant started harassing her physically & mentally, therefore, she was compelled to live apart from her husband. It is further contended that, she has no any source of income to maintain herself and children whereas the applicant used to earn Rs. 50,000/- Rs. 60,000/- per month from his Motorcycle repairing shop, as such, he is having sufficient source of income. 4. The applicant /husband has filed reply to the application U/s. 125 of Cr.P.C. stating inter alia that respondents have failed to prove their case for getting monthly maintenance from the applicant. 5. Learned Family Court, after appreciating the oral and documentary evidence available on record, vide impugned order dated 07.04.2025, has partly allowed the application under Section 125 of the Cr.P.C. filed by the respondent / applicants and granted maintenance to the respondents, as mentioned in opening paragraph of the judgment. Hence, this criminal revision. 6. Learned counsel appearing for the applicant/husband submits that the learned Family Court has committed an error in law in allowing the application under Section 125 Cr.P.C. in part by holding that wife/respondent No.1 is entitled for maintenance of Rs. 4000/- per month, as she is legally wedded wife of the applicant. It is further submitted that the learned Family Court has committed an error of law in directing the applicant to pay maintenance of Rs.2000/- per 4 month to respondent Nos. 2 and 3, each. He would also submit that the learned Family Court has failed to consider the fact that the respondent No. 1 has not performed the matrimonial duty towards in-laws instead she had committed misbehave and pressurize the applicant to live separately from his parents, hence the impugned order is liable to be set-aside. 7. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 8. Considering the submissions advanced by the learned counsel for the applicant and from the perusal of the impugned judgment passed by the learned Family Court, Ambikapur, District Sarguja (C.G.), it transpires that after recording all the statements of the witnesses and perusing the evidence available on record and keeping in view the living standards, social status, daily needs, age and other needs of respondents No. 2 & 3 and financial condition of the applicant/husband, ordered the applicant/husband to pay the maintenance at the rate of Rs. 4,000/- per month to the respondent No.1/wife and Rs. 2000/- per month to respondent No.2 & Rs.2,000/- to respondent No. 3/children, respectively vide impugned order dated 07,04.2025, in which, I do not find any illegality or infirmity warranting interference of this court in the instant criminal revision. Hence, the same is hereby affirmed. 9. As a consequence, the criminal revision, being devoid of substance, is liable to be and is hereby dismissed. 5 10. Registrar (Judicial) of this Court is directed to send a certified copy of this order to the concerned trial Court forthwith for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.07.03 11:06:34 +0530