Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:26043
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 728 of 2025 1 - Chandraprakash Sharma S/o Shri Laxmi Prasad Sharma Aged About 32 Years R/o Village Gokul Nagar, Sasaholi, Police Station Tilda, Tahsil Tilda, District Raipur, Chhattisgarh. Pin-
493114.
... Applicant versus 1 - Priya Sharma W/o Shri Chandra Prakash Sharma Aged About 28 Years R/o Village Sitapur, Police Station Hathband, District Balodabazar-Bhatapara, Chhattisgarh. Pin 493113. 2 - Ku. Bhawya Sharma S/o Shri Chandra Prakash Sharma Aged About 8 Years Through The Walimata Priya Sharma, W/o Shri Chandra Prakash Sharma. R/o Village Sitapur, Police Station
Hathband,
District
Balodabazar-Bhatapara, Chhattisgarh. Pin 493113. 3 - Manas Sharma S/o Shri Chandra Prakash Sharma Aged About 4 Years Through The Walimata Priya Sharma, W/o Shri Chandra Prakash Sharma. R/o Village Sitapur, Police Station Hathband, District Balodabazar-Bhatapara, Chhattisgarh. Pin
493113.
... Respondents For Applicant : Mr. Vijay K. Deshmukh, Advocate For Respondents : Not noticed Digitally signed by HEERA LAL SAHU Date: 2025.06.23 17:53:09 +0530
2 Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board 20/06/
202
5 Heard.
1. The present revision has been filed under Section 19(4) of the Family Courts Act, 1984 against the impugned order dated 08.04.2025 passed by the learned Family Court, Balodabazar-Bhatapra, District - Balodabazar-Bhatapara (C.G.) in Misc. Cri. Case No. 188/2024, wherein amount of Rs. 10,000/- interim maintenance has been granted on an application filed by the respondents herein under Section 144 of BNSS, 2023.
2.
Learned counsel appearing for the applicant submits that the interim maintenance of Rs.10,000/- granted by the learned Family Court is on the higher side. It is further contended that the applicant is a very small pandit of a temple, but the respondent, wife, without any ground, claimed Rs. 43,000/- per month. He also submits that the applicant and respondents are presently living in the same house, and the present applicant is regularly maintaining the family members/respondents. The applicant and respondents have the same kitchen and live in the same room, but the respondent, wife, without sufficient reason, filed the application under section 144 of BNSS, 2023 on
3 the false allegation of an affair. Therefore, the order impugned is liable to be set aside in the interest of justice.
3. I have heard learned Counsel appearing for the applicant and perused the documents annexed with the revision including the impugned order.
4. The respondent/wife herein had filed an application under Section 144 of BNSS before the Learned Family Court, Balodabazar-Bhatapara (C.G.) for grant of maintenance of Rs. 43,000/- to her and her daughter and son. Learned judge after appreciating oral and documentary evidence available on record granted Rs.4,000/- in favour of wife/respondent herein No.1, Rs. 3,000-3,000/- in favour of daughter and son/respondents No. 2 & 3 herein (total Rs. 10,000) towards interim maintenance in favour of the respondents vide impugned order dated 08.04.2025 passed in Misc. Cri. Case No. 188/2024.
5. Having carefully examined the impugned order, I find no perversity, illegality, or inconsistency in the findings recorded by the learned Judge as it is undisputed fact that respondent No. 1 is the legally wedded wife and respondents No. 2 & 3 are the children of the applicant and only Rs. 10,000/- has been awarded as interim maintenance, hence, at this stage, I am not inclined to interfere with the order impugned.
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6. Accordingly, the revision is hereby dismissed at motion stage itself. The observation made hereinabove shall not affect the merits of the case.
7. However, the Family Court is directed to expedite the trial as expeditiously as possible. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu