1 2025:CGHC:33866 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 906 of 2022 1 - Smt. Reena Popat W/o Shri Ritesh Popat Aged About 43 Years D/o Shri Bhailal Thakkar, R/o 301, Ekta Enclave, Near Chhattisgarh College, Byron Bazaar, Raipur 492001, Chhattisgarh. 2 - Mihir Popat S/o Shri Ritesh Popat Aged About 13 Years Through Applicant 1 Mother Smt. Reena Popat R/o 301, Ekta Enclave, Near Chhattisgarh College, Byron Bazaar, Raipur 492001, Chhattisgarh. ... Applicants versus Ritesh Popat S/o Shri Dinesh Popat Aged About 45 Years R/o Flat 101, First Floor, Deepa Residency, Warehouse Crossroad, Besides Preeti Apartment, Kodialguttu (West), Mangalore 575003, Karnataka. ... Non-applicant For Applicants : Mr. Raja Sharma, Advocate. For Non-applicant : Ms. Vaishali Jeswani, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.07.2025 1. Heard Mr. Raja Sharma, learned counsel the applicants. Also heard Ms. Vaishali Jeswani, learned counsel for the non-applicant. 2. This criminal revision has been filed by the applicants with the following prayer: RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 “Wherefore it is most humbly and respectfully prayed that this Hon'ble Court be pleased to allow the instant Petition with consequential relief and modify the order impugned dated 12/05/22 passed in MCC 131/2021 by the Family Court, Raipur and thus awarding Rs. 45,000/- per month in maintenance from the date of the application i.e. 10/02/2021 to the applicants; and grant any other relief deemed fit.” 3. The facts, in brief, is that the applicants are the wife and son of the non-applicant. Upon service of notice in the maintenance proceedings before the Family Court, the non-applicant chose not to contest the case. Based on the pleadings and supporting evidence submitted through affidavits and documents, the Family Court recorded a finding that the applicants were living separately due to the cruel treatment inflicted by the non-applicant, and that they were unable to maintain themselves. Consequently, the Family Court held that the applicants were entitled to maintenance. While the non- applicant has not challenged the finding regarding entitlement to maintenance, he is aggrieved by the quantum awarded Rs. 12,000/- per month to Applicant No.1 (wife) and Rs. 3,000/- per month to Applicant No.2 (son) payable from the date of the order, i.e., 12.05.2022. Aggrieved by this order, the applicants have preferred the present Criminal Revision. 3 4. Learned counsel appearing for the applicant submits that the impugned order passed by the Family Court militates against the social justice objectives embodied in Section 125 Cr.P.C., as it unjustly limits the maintenance granted to the applicants despite unchallenged pleadings and evidence. The non-applicant husband, though duly served and aware of the proceedings, chose not to contest the claim or dispute any factual assertions, particularly regarding cruelty and financial neglect, which were duly established by the applicants. In such matrimonial matters, the Family Court ought not to have reassessed or reduced the claimed amount on mere conjecture, especially when the heads of expenditure and claimed maintenance of Rs. 45,000/- per month were clearly detailed and substantiated. The Court erred further in granting maintenance only from the date of the order (12.05.2022) instead of the date of application (10.02.2021), despite the undisputed existence of cruelty and financial dependence from the outset. The son, being a minor and residing with the mother since separation, was also entitled to maintenance from the date of application. The Family Court, without proper basis, acted beyond its jurisdiction by reducing the maintenance amount and delaying its effect, thereby depriving the applicants of the rightful fruits of their success in the case. 5. On the other hand, learned counsel, appearing for the non-applicant opposes the prayer made by the learned counsel for the applicant and supports the impugned order passed by the learned Judge, Family Court, Raipur, District- Raipur, (C.G.). 4 6. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 7. From the perusal of the impugned order, it transpires that the order passed by the learned Family Court is just, well-reasoned, and in accordance with law. Based on the uncontroverted pleadings and the supporting material placed on record by the applicants, the Family Court rightly concluded that the applicants were living separately due to the acts of cruelty committed by the non-applicant and that they were unable to maintain themselves. Despite being served with notice, the non-applicant deliberately chose not to contest the proceedings or rebut the applicants’ claims, thereby allowing the court to proceed on the basis of unchallenged facts. The quantum of maintenance Rs. 12,000/- to the wife and Rs. 3,000/- to the minor son has been determined after due consideration of the facts, circumstances, and needs of the applicants, as well as the presumed financial capacity of the non- applicant. Further, the direction to pay maintenance from the date of the order (12.05.2022) rather than the date of the application is well within the discretion of the Family Court and does not warrant interference. The order reflects a balanced approach that upholds the objective of Section 125 Cr.P.C. and ensures basic sustenance for the dependents without causing undue prejudice to the non- applicant. 8. Considering the submission advanced by the learned counsel for the parties and perusing the impugned order and the finding 5 recorded by the learned Family Court, I am of the view that the Family Court has not committed any illegality or infirmity or jurisdictional error in the impugned order warranting interference by this Court. 9. Accordingly, the criminal revision, being devoid of merit, is liable to be and is hereby dismissed. 10. Let a copy of this order as well as original records be transmitted to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan