1 2025:CGHC:38865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 876 of 2023 Rajesh Gangwani S/o Vyapari Mal Gangwani Aged About 28 Years Caste Sindhi, Occupation- Private Naukari, R/o Village Rampuri Camp, Near Shiv Temple Amarawati, P.S. Amarawati Tahsil And District Amarawati (Maharashtra) ... Applicant versus 1 - Smt. Simran Gangwani W/o Rajesh Gangwani Aged About 23 Years Caste Sindhi, Occupation Housewife, R/o Village Rampuri Camp, Near Shiv Temple Amarawati, P.S. Amarawati Tahsil And District Amarawati (Maharashtra), At Present R/o Balmiki Ambedkar Colony, I.T.I. Ward No.27, P.S. Chakradhar Nagar, Raigarh, Tehsil And District Raigarh (C.G.) 2 - Minor Miss Nidhi Gangwani D/o Rajesh Gangwani Aged About 1 Years 6 Months, Through Legal Guardian Smt. Simran Gangwani, R/o Village Rampuri Camp, Near Shiv Temple Amarawati, P.S. Amarawati Tahsil And District Amarawati (Maharashtra), At Present R/o Balmiki Ambedkar Colony, I.T.I. Ward No.27, P.S. Chakradhar Nagar, Raigarh, Tehsil And District Raigarh (C.G.) ---- Respondents For Applicant : Mr. Ravi Kumar Banjare, Advocate. For Respondents : Mr. Ankit Singh, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.08.2025 1. Heard Mr. Ravi Kumar Banjare, learned counsel for the applicant. Also heard Mr. Ankit Singh, learned counsel for the respondent. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. This Criminal Revision is being aggrieved of the judgment dated 18.07.2023 passed by the learned Family Court, Raigarh, District – Raigarh (C.G.) in Cr. MJC No. F-59/2021, whereby the learned Family Court, allowed the application under Section 125 of the CrPC filed by the respondent, 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. 2,000/- per month to the respondent No.2. 3. The facts, in brief, is that the applicant marriage with the respondent No. 01 on 09.12.2018 according to Hindu Reties & Rituals and out of their wedlock born one girl child on 15.10.2019, the parents of the respondent No. 01 give the gift of Stridhan and ornaments, clothes and sent to the house of the applicant, after some time of the marriage the applicant and there family members harassing physical and mental teas to the respondent No.1 for dowry the mother of the respondent No.1 she has gone to house of the applicant at that time also demand of dowry to the respondent No.1 if they are not full fill their demand of dowry then he sent to for parental home, the applicant sent to the respondent No.1 with her mother for Raigarh on 22.12.2019, thereafter she is living her parental home and she has no source of income. The respondent No.1 with her minor daughter filed an application under Section 125 of CrPC for grant of maintenance before the Family Court. 4. The applicant herein has filed the reply to the said application and has denied the averments raised by the respondent. The learned Family Court has recorded the statement of the parties. The witnesses were examined before the learned Family Court including the applicant and the respondent. The learned Family Court by passing the impugned order, has allowed the application under Section 125 of the CrPC filed by the 3 respondent for grant of maintenance and directed the applicant to pay the maintenance to the tune of Rs. 3,000/- per month to the respondent No.1 and Rs. 2,000/- per month to the respondent No.2. 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 the respondent No.1 is voluntarily residing separately from the applicant without any sufficient reason, thus, as per Section 125(4) of CrPC, she is not liable to be granted any maintenance from her husband. 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 18.07.2023 passed by the learned Family Court, Raigarh, District – Raigarh (C.G.) in Cr. MJC No. F- 59/2021, whereby the learned Family Court, allowed the application under Section 125 of the CrPC filed by the respondent, 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. 2,000/- 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. 8. Considering the submissions advanced by the learned counsel for the 4 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