1 2025:CGHC:34953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 92 of 2020 Satyendra Thekewar S/o Hiradhar Thekewar, Aged About 43 Years R/o Village Raigarh, Sitagudi Chowk, P.S. Raigarh, District Raigarh Chhattisgarh. ... Applicant versus 1 - Smt. Vineeta Thekewar W/o Shri Satyendra Thekewar, Aged About 28 Years R/o Village Raigarh, Sitagudi Chowk, Presently Residing At Shivrinarayan, Bhogahapara, P.S. Shivrinarayan, District Janjgir Champa Chhattisgarh. 2 - Tushar Thekewar, S/o Shri Satyendra Thekewar, Aged About 7 Years Through His Natural Guardian Mother (Respondent No. 01) Smt. Vineeta Thekewar. R/o Village Raigarh, Sitagudi Chowk, Presently Residing At Shivrinarayan, Bhogahapara, P.S. Shivrinarayan, District Janjgir-Champa Chhattisgarh. ---- Respondent For Applicant : Mr. Ashutosh Trivedi, Advocate. For Respondent : Mr. Rohitashva Singh, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.07.2025 1. Heard Mr. Ashutosh Trivedi, learned counsel the applicant. Also heard Mr. Rohitashva Singh, learned counsel appearing for the respondent. 2. This Criminal Revision is being aggrieved of the judgment dated 18.11.2019 passed by the learned Family Court, Janjgir, District – Janjgir-Champa (C.G.) in Misc. Criminal Case No. 232/2018, arising out RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 of the order passed by the learned Family Court, Janjgir, District – Janjgir-Champa (C.G.) whereby the learned Family Court, partly allowed the application under Section 127 of the CrPC filed by the respondents, and ordered the applicant/husband that he has to pay the allowance for maintenance at the rate of Rs. 3,000/- per month to the respondent No.1 and Rs. 1,500/- per month to the respondent No.2. 3. The facts, in brief, is that an application under Section 125 of CrPC for was filed by the respondents against the applicant for grant of maintenance, in which the learned Family Court, Janjgir, District – Janjgir-Champa (C.G.) had passed an order on 20.02.2015 in MJC No. 130/14, in which the learned Family Court had awarded the allowance of maintenance to the tune of Rs.2,500/- to respondent No. 1 and Rs. 1,000/- to respondent No.2. Being aggrieved with the order dated 18.11.2019, an application under Section 127 of CrPC was filed before the learned Family Court concerned by the respondents for enhancement of the maintenance amount, on the ground that the inflation has increased and the applicant is a healthy person, he runs a paan shop from which he earns an income of Rs. 25-30,000/- per month. 4. The applicant has filed the reply and denied the contention of the application filed by the respondents. The learned Family Court after recording the evidence passed the impugned order, whereby the learned Family Court partly allowed the application of the respondents and directed to the applicant to pay the amount of Rs. 3,000/- per month to the respondent No.1 and Rs. 1,500/- per month to the respondent No.2. The impugned order passed by the learned Family Court is without any appreciation of facts, and material available on record only on the basis of arbitrary manner, thus, the impugned order is completely illegal. 3 Hence, this revision. 5. Learned counsel appearing for the applicant submits that impugned order passed by the learned Family Court, is contrary to the facts and evidence available on record. It is further submitted that non specific finding has been brought on record with respect to the income of the applicant and there has been non specific payment receipt or any such document produced by the respondent to bring the fact before the Court regarding actual income of the applicant. Therefore, the impugned order is bad in law, perverse and erroneous, and the same it is liable to be set- aside/quashed. 6. On the other hand, learned counsel for the respondent opposes the submissions advanced by the learned counsel for the applicant and supports the impugned order dated 18.11.2019 passed by the learned Family Court, Janjgir, District – Janjgir-Champa (C.G.) in Misc. Criminal Case No. 232/2018, arising out of the order passed by the learned Family Court, Janjgir, District – Janjgir-Champa (C.G.) whereby the learned Family Court, partly allowed the application under Section 127 of the CrPC filed by the respondents, and ordered the applicant/husband that he has to pay the allowance for maintenance at the rate of Rs. 3,000/- per month to the respondent No.1 and Rs. 1,500/- per month to the respondent No.2, and he further submits that there is no illegality and infirmity while passing the same, therefore, the instant revision filed by the applicant/complainant is devoid of merits and is liable to be dismissed. 7. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 4 8. Considering the submissions advanced by the learned counsel for the parties, and from the perusal of the impugned order passed by the learned Family Court, it transpires that after hearing all the statements of the witnesses and perusing the evidence available on record, 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. 9. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. 10. Let a certified copy of this order be transmitted to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar