Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2235
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 55 of 2025 1 - Owais Ahmed S/o Shri Naseem Ansari Aged About 34 Years R/o Kadamba Chowk Sarad Road Barej Para Ambikapur, P.S. And Tehsil Ambikapur, District Surguja (C.G.)
... Applicant versus 1 - Rehana Khan W/o Shri Owais Ahmed, D/o Late Marhum Humayun Khan Aged About 26 Years R/o Ward No. 9, Behind Vinay Hotel, Manendragarh P.S. And Tehsil Manendragarh, District M.C.B. (C.G.)
... Respondent(s) For Applicant : Mr. Shakti Raj Sinha, Advocate For Respondent(s) :
Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 14/01/2025
1. The present Criminal Revision is filed under Section 19(4) of Family Court Act, 1984 against the judgment dated 12.12.2024 passed in Misc. Criminal Case No. 136/2023 by the learned Judge, Family Court, Manendragarh, District-Korea (C.G.). 2. Brief facts of the case is that the non-applicant filed an application under section 125 of the Code of Criminal procedure for grant of maintenance from applicant who is her husband and claimed
2 maintenance is Rs. 20,000 per month. The marriage between the parties were solemnized on 22.02.2022 following Muslim rituals at Manendragarh and after marriage the non-applicant and applicant resided in her in-laws' house in Ambikapur (C.G.). The allegation is that shortly after the marriage, the applicant and his parents and aunt started taunting the non-applicant about dowry, whereas the non-applicant's mother had given Stridhan as per her capacity and their demand. The non-applicant said that her mother has given Stridhan as per her capacity, then the applicant started beating the non-applicant continuously from March- April 2022, in which her parents used to cooperate. The non-applicant kept tolerating everything to save her house, but there was no change in the behavior of the applicant and his family. The applicant used to torture and beat her for dowry without any reason. That on 11.06.2023, the applicant and his parents and aunt beat her for dowry and threw her out of the house, then the non-applicant through her advocate on 26.06.2023 gave a legal notice and requested that if the applicant will not harass and beat her for dowry, then she is ready to live, but the applicant did not come to take the non-applicant nor gave any answer. The applicant is not taking any information about her, she is living a dependent life with her widowed mother.
She has no source of income. The applicant runs a business of warehouse, marriage hall and dumping yard where he earns an income of Rs. 2.5 lakhs per month. Therefore, the non-applicant should be given maintenance
3 of Rs. 20,000 per month from the applicant. 3. Learned counsel for the applicant contended that there is no custom prevalent in the families of both the parties regarding dowry transactions. The applicant or his family did not demand any dowry from the applicant or her family before or after marriage. The claims of dowry harassment and cruelty are false and unsustainable. The applicant and his family neither demanded dowry nor mistreated the applicant. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Perusal of record shows that the non-applicant filed an application under section 125 of the Code of Criminal procedure for grant of maintenance from applicant who is her husband and claimed maintenance is Rs. 20,000 per month. The marriage between the parties were solemnized on 22.02.2022 following Muslim rituals at Manendragarh and after marriage the non-applicant and applicant resided in her in-laws' house in Ambikapur (C.G.). The allegation is that shortly after the marriage, the applicant and his parents and aunt started taunting the non-applicant about dowry, whereas the non-applicant's mother had given Stridhan as per her capacity and their demand. The non-applicant said that her mother has given Stridhan as per her capacity, then the applicant started beating the non-applicant continuously from March- April 2022, in which her parents used to cooperate. The non-applicant kept tolerating everything to save her house, but there was no change in the
4 behavior of the applicant and his family. The applicant used to torture and beat her for dowry without any reason. That on 11.06.2023, the applicant and his parents and aunt beat her for dowry and threw her out of the house, then the non-applicant through her advocate on 26.06.2023 gave a legal notice and requested that if the applicant will not harass and beat her for dowry, then she is ready to live, but the applicant did not come to take the non-applicant nor gave any answer.
The applicant is not taking any information about her, she is living a dependent life with her widowed mother. She has no source of income. The applicant runs a business of warehouse, marriage hall and dumping yard where he earns an income of Rs. 2.5 lakhs per month. Therefore, the non-applicant should be given maintenance of Rs. 20,000 per month from the applicant. 6. The learned Family Judge has directed the applicant herein to pay Rs. 7000/- per month maintenance to the respondent after considering the the income, social and economic status of the parties and current inflation of both the parties and keeping in mind the essential needs of the wife. The amount of Rs. 7000/- is very meagre and needs no interference. 7. Accordingly, the present Criminal Revision is dismissed. SD/-
(Arvind Kumar Verma)
JUDGE Madhurima