1 2025:CGHC:27762 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 924 of 2023 Kumari Seema Tiwari (Minor) D/o Shri Manoj Kumar Tiwari Aged About 15 Years Through Natural Guardian-Mother-Smt. Mamta Tiwari W/o Shri Manoj Tiwari, R/o Vikas Nagar, Kusmunda, Tahsil-Katghora, Distt.- Korba (C.G.) ... Applicant(s) versus Manoj Tiwari S/o Late Gaukaran Tiwari Aged About 51 Years R/o 142 Ground Floor, Cod Colony, Suhagi Jabalpur, Police Station- Adhartal, District- Jabalpur (M.P.) Second Address- Manoj Tiwari, S/o Late Gaukaran Tiwari (Driver) Through Registry - D.R.D. Debt Recovery Tribunal, Civil Line, Jabalpur, Distt.- Jabalpur (M.P.) ---- Respondent(s) For Applicant : Mr. Rahul Mishra, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.06.2025 1. By way of this revision petition, the applicant prayed for following reliefs:- 1.“It is therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to allow this revision. 2. It is therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to call for the entire records from the Courts below, 3. It is therefore, most respectfully prayed that this Hon’ble KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Court may kindly be pleased to set-aside the impugned order dated 11.08.2023 (Annexure P/1), passed by the learned Family Court in Misc. Cr. Case No. 347/2022, and suitably enhance the monthly maintenance amount in favour of petitioner to continue her better educational future prospects, 4. It is therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to pass any other order, as this Hon’ble Court may deem fit and proper under the facts and circumstances of the case, in the interest of justice.” 2. Brief facts of the case are that the the applicant, being the daughter of the respondent, had filed an application under Section 125 of the Criminal Procedure Code, 1973 before the learned Family Court, Bilaspur. The learned Family Court, vide order dated 14.07.2009 passed in MJC No. 27/2008, was pleased to award a monthly maintenance of ₹1,750/- in favour of the applicant. Thereafter, the matter was put up before the National Lok Adalat for enhancement of maintenance amount under Section 127 of Cr.P.C. and with the consent of the parties an award was passed on 23.11.2013 holding that as per the mutual settlement between the parties, the respondent had paid a lump sum amount of ₹8,00,000/- (Rupees Eight Lakhs only) by Demand Draft No. 569214 towards full and final settlement and subsistence for daughter and wife. Additionally, an amount of ₹1,00,000/- (Rupees One Lakh only) had paid by Term Deposit Receipt No. 388415 to applicant for her marriage expenses. The said amount, along with interest accrued thereon, shall be withdrawable by applicant and his wife at the time of the marriage of daughter upon her attaining majority. It has also been agreed between the parties 3 that all other pending disputes and litigations between them shall be mutually withdrawn and treated as finally settled and accordingly, the case was disposed of in light of the aforesaid settlement. Thereafter the applicant along with her mother had again moved an application for enhancement of maintenance amount under Section 127 of Code of Criminal Procedure on 13.11.2017 before the learned Family Court, Bilaspur. 3. After hearing both the parties, learned Family Court partly allowed the application under Section 127 of Cr.P.C. filed by the applicant along with her mother and enhanced Rs. 1500/- per month towards maintenance only in favour of applicant/daughter and thereafter, being aggrieved by the same, the applicant again preferred an application under Section 127 of Cr.P.C. for enhancement of maintenance and after appreciating the same, the learned Family Court rejected the same. Hence, this revision. 4. Learned counsel for the applicant submits that the learned Family Court ought to have considered the fact that the Cr. Rev. No. 229/2018 is pending consideration before this Court. He further submits that the applicant is the daughter of respondent and she is studying in class IX in an English Medium School, therefore she is in need of money to continue her study. He further submits that the respondent is a government employee and getting sufficient salary and able to maintain the applicant’s study expenses. Therefore, he prays that the impugned order passed by the learned Family Court, is liable to be set-aside. 5. I have heard learned counsel for the parties and perused the impugned order and other documents appended with criminal 4 revision. 6. From perusal of the impugned order, it transpires that an application under Section 125 of Cr.P.C. filed by the applicant along with her mother before the learned Family Court, seeking maintenance amount of Rs. 6000/-. After hearing both the parties, the learned Family Court passed the judgment dated 14.07.2009, whereby it has been directed the respondent to pay Rs. 4750/- towards maintenance amount to the applicant along with her mother. Thereafter the matter was put up before National Lok Adalat for enhancement and with the consent of the parties an award was passed on 23.11.2013 holding that as per the mutual settlement between the parties, the respondent had paid a lump sum amount of ₹8,00,000/- (Rupees Eight Lakhs only) by Demand Draft No. 569214 towards full and final settlement and subsistence for applicant and her mother. Additionally, an amount of ₹1,00,000/- (Rupees One Lakh only) had paid by Term Deposit Receipt No. 388415 to applicant/daughter for her marriage expenses. The said amount, along with interest accrued thereon, shall be withdrawable by applicant along with her mother at the time of the marriage of applicant upon her attaining majority. It has also been agreed between the parties that all other pending disputes and litigations between them shall be mutually withdrawn and treated as finally settled and accordingly, the case was disposed of in light of the aforesaid settlement. 7. Thereafter, the applicant along with her mother had again moved an application for enhancement of maintenance amount under section 127 of Code of Criminal Procedure on 13.11.2017 before the learned Family Court, Bilaspur. Upon appreciation of the facts, evidence and 5 overall circumstances, the learned Family Court allowed the application under Section 127 of Cr.P.C. filed by the applicant along with her mother and enhanced the maintenance amount to the tune of Rs. 1500/- per month payable to applicant, however there is no discussion made in respect of her mother. Being aggrieved by the same, the applicant again preferred an application under Section 127 of Cr.P.C. for enhancement of maintenance amount before the learned Family Court concerned and after appreciating the same, the learned Family Court rejected her application. 8. Taking into account the facts and circumstances of the case, this Court is of the opinion that the learned Family Court concerned has rightly passed the impugned judgment. No interference is called for. The applicant has failed to raise any ground so as to warrant interference by this Court. 9. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. 10. A copy of this order be sent to the concerned Family Court for necessary compliance and follow up action. - Sd/- (Ramesh Sinha) Chief Justice Kunal