1 / 4 2025:CGHC:4911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 809 of 2024 1 - Smt. Sandhya Dewangan W/o. Teckchand Dewangan Aged About 26 Years R/o. Village - Arjuni, P.S. And Tehsil - Dongargaon, District - Rajnandgaon (C.G.) ... Applicant versus 1 - Teckchand Dewangan S/o. Fattelal Dewangan Aged About 28 Years R/o. Village - Ghumka, P.S. And Tehsil - Ghumka, District - Rajnandgaon (C.G.) ... Non-Applicant For Applicant : Mr. Aman Kesharwani, Advocate For Respondent : Mr. Shailesh Tiwari, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 28/01/2025 1. The instant criminal revision has been filed against the order dated 16/05/2024 passed in Criminal M.J.C. No.122/2020 by the Family Court, Rajnandgaon, District Rajnandgaon, C.G. whereby the application filed by the applicant under Section 125 Cr.P.C. has been rejected. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.01 11:25:38 +0530 2 / 4 2. The brief facts of this case are that the applicant has filed an application under section 125 Cr.P.C. for grant of maintenance before the Family Court Rajnandaon, to the tune of Rs.10, 000/- per month from the Non- applicant husband. It was alleged in the application by the applicant wife that, the marriage was solemnized between the applicant and not- applicant on 17.04.2019 at Village - Arjuni District -Rajnandgaon (C.G.). The applicant wife went for treatment of her husband on 14.09.2019, 28.09.2019 to Dr. Ajay Gupta and Dr. Prakash Sadani in respect of treatment of impotency and stomach of her husband, but husband disease could not be cured due to which, quarrel took place between the applicant and her husband and his family members. It was further averred that the wife is not having any sources of income her parents are old aged persons however the non-applicant husband is having sufficient sources of income and he is posted as system manager at Head Post Office Rajnandgaon from which he is getting salary Rs 40,000/- permonth. Therefore a sum of Rs 10,000/- be awarded to her as maintains amount. 3. That, the non-applicant husband filed his reply to the said application and stated that the applicant wife is in talking terms with different persons and he is having call recording of conversation of his wife with other persons and she left the matrimonial house without any rhyme or reason and the husband tried to get back his wife but she did not come with her husband. It was further averred that the applicant/wife is working as a Nurse in Shulka Multispecialty Hospital and she is getting salary of Rs 7000/- at present she is posted at District Hospital Bemetara 3 / 4 and she is getting salary of Rs 16,500/- therefore she is not liable to get any maintenance amount and the non-applicant is having responsibility to take care of his parents. 4. Learned Family Court after recording the evidence of the parties, dismissed the application U/s. 125 of Cr.P.C. filed by the wife, stating that wife is living separately without any lawful reason, therefore, she is not entitled for any maintenance from her husband. 5. Learned counsel for the Applicant would contend that the applicant is the legally wedded wife of the non-applicant, therefore, she is entitled for grant of maintenance. He would next contend that the applicant was forced to leave the matrimonial house and reside in the parental house, therefore, the order passed by the Family Court deserves to be set aside and the applicant may be granted maintenance. 6. Per contra, learned counsel for the respondent would submit that the order of the Family Court is well merited which do not call for any interference and the instant petition deserves to be dismissed. 7. I have heard learned counsel for the parties and perused the documents. 8. Perusal of the record and the documents would show that the applicant is earning Rs.16,500/- per month as she is working on the post of Staff Nurse. It is also an admitted fact that the parents of the respondent are dependent on him and the applicant is also a working woman and she is able to maintain herself as she is working as Staff Nurse and earning Rs.16,500/- per month and apart from that she is also working in a private hospital. Therefore, considering the facts & circumstances of the case, in view of the considered opinion of this Court, the family Court 4 / 4 has rightly held that the applicant is capable to maintain herself as such is not entitled for any maintenance. Consequently, the applicant is not entitled for any relief by this Court also. 9. Accordingly, the revision is dismissed. SD/- (Arvind Kumar Verma) JUDGE ashu