1 2025:CGHC:36126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 118 of 2023 Lalchand Banjare S/o Lt. Chintaram Banjare Aged About 40 Years R/o Newaibhatha, Yadav Basti, Bhilai, District Durg (C.G.) Office Add. Customer Assistant, State Bank of India, Branch Gandai, District Rajnandgaon (C.G.) ... Applicant versus Smt. Sudha Banjare W/o Lalchand Banjare Aged About 36 Years R/o Near Vishwadeep School, Gurughashi Das Ward, Kasaridih, Ward 44, Durg, District Durg (C.G.) ... Respondent For Applicant : None. For Respondent : Mr. Punit Ruparel, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 1. None appeared on behalf of the applicant to press this revision when the case is called for hearing today. 2. Heard Mr. Punit Ruparel, learned counsel, appearing for respondent. 3. The present revision has been filed by the applicant with the following prayer: “3.1 It is therefore prayed that, this Hon'ble Court may kindly be set- aside/quash the impugned order ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.25 20:51:04 +0530 2 passed by the court of learned 2nd Additional Principal Judge of Family Court, District Durg (C.G.) in MCC No./530/2017 dated 10.08.2022 by allowing instant criminal revision petition, in the larger interest of justice. 3.2 It is therefore prayed that, this Hon'ble Court may kindly be consider the applicant's case by issuance of direction to decrease the maintenance amount to from Rs.07,000/- to Rs.3,000/- per month. 3.3 It is therefore prayed that, this Hon'ble Court may kindly be pleased to consider the applicant's case by issuance of direction to allow the applicant to pay the amount of maintenance from the date of order passed by this court; 3.4 It is therefore prayed that, the Hon'ble Court may kindly be pleased to pass any other order as it may deem fit, in the interest of justice.” 4. Brief facts of the case are that the respondent wife had preferred an application under Section 125 of the Cr.P.C. before the learned Family Court, Durg, seeking monthly maintenance allowance from the applicant. In the backdrop of the facts of this case, the marriage between the applicant husband and the respondent wife was solemnized on 21.06.2014 in accordance with Hindu rites and rituals. Thereafter, the respondent wife resided and cohabited with the applicant. During the period of cohabitation, the respondent wife started misbehaving with the applicant and his family members. The 3 applicant faced immense difficulties due to the disrespectful and ill- treatment of the respondent, and for the same, the applicant filed a written complaint before the Superintendent of Police, District Durg. It was alleged by the wife that the applicant tortured her during cohabitation and was unable to fulfil conjugal obligations, and for the same, she made complaints at Police Station Durg and the Sakhi Centre, Durg, which resulted in a medical test of the applicant, wherein he was found fit. After three years of marriage, the respondent wife went to her parental home with her brother and another relative, and thereafter, she also filed a suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. 5. Thereafter, the respondent wife filed an application under Section 125 of Cr.P.C. before the 2nd Additional Principal Judge, Family Court, District Durg on 09.05.2017, seeking a monthly maintenance allowance of Rs. 30,000/- from the applicant on the grounds that she was residing at her parental home and the applicant was not taking any responsibility for her maintenance. It was further alleged that the applicant, being an educated person, was working at the State Bank of India as a Customer Assistant and receiving a salary of Rs. 55,000/- per month. Additionally, it was alleged that the applicant owns 2.5 acres of agricultural land at Village Chainganj, 1.5 acres of land in Durg District, and three plots of land at Village Dumardih, from which he earns Rs. 60,000-70,000/- per month, thereby adding to his income. A copy of the affidavit filed by the respondent wife under Section 125 of Cr.P.C. before the 2nd Principal Judge, Family Court, Durg on 23.11.2017 is annexed herewith and marked as ANNEXURE A/2. 4 6. It is pertinent to mention that the respondent stated details about the applicant’s salary and alleged assets; however, as a matter of fact, the respondent did not submit any documents in support of the said claims. 7. The applicant, in his reply filed with an affidavit, stated that he is working as a clerk at the State Bank of India, receiving a gross salary of Rs. 29,524/- per month, and after deductions, a net salary of Rs. 17,439/- per month, and submitted supporting documents regarding his salary. It was further submitted that the properties mentioned by the respondent are in the name of the applicant’s father. A copy of the reply with the affidavit submitted by the applicant before the 2nd Additional Principal Judge, Family Court, Durg on 04.04.2022 is annexed herewith and marked as ANNEXURE A/3. 8. Learned Family Court ought to have considered the aforementioned facts but has wrongly passed the impugned award for maintenance, directing payment of Rs. 7,000/- per month to the respondent from the date of 10.08.2022. A copy of the order dated 10.08.2022 passed by the learned 2nd Additional Principal Judge, Family Court, District Durg (C.G.), is already annexed herewith as ANNEXURE A/1. 9. Learned counsel, appearing for the respondent opposes the prayers made in the present revision petition. . 10. I have heard learned counsel for the respondent and perused the judgment of the learned Family Court. 11. Considering the submission advanced by the learned counsel for the respondent, materials available on record and also considering the price index and medical expenses, total amount awarded to the respondent cannot be said to be shockingly on higher side warranting 5 interference by this Court in the present revision petition. 12. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. - Sd/- (Ramesh Sinha) Chief Justice Abhishek