1 2025:CGHC:37235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 922 of 2025 1 - Smt. Manju Kashyap W/o Kishan Kanhaiya, D/o Badri Vishal Aged About 22 Years R/o Village - Budena, Police Station And Tahsil- Nawagarh, District Janjgir-Champa C.G., At Present R/o Village- Mahant (Amora), Police Station And Tahsil Nawagarh, District Janjgir-Champa C.G. 2 - Rudransh Kashyap S/o Kishan Kanhaiya Aged About 1 Years Minor Aged About 1 1/2 Years, Through His Legal Guardian Mother Smt. Manju Kashyap, W/o Kishan Kanhaiya, R/o Village - Budena, Police Station And Tahsil- Nawagarh, District Janjgir-Champa C.G., At Present R/o Village- Mahant (Amora), Police Station And Tahsil Nawagarh, District Janjgir- Champa C.G. ... Applicant(s) versus Kishan Kanhaiya S/o Ramsanehi Kashyap Aged About 26 Years R/o Village - Budena, Police Station And Tahsil- Nawagarh, District Janjgir- Champa C.G., ... Non-applicant(s) For Applicants : Mr. Vishvanath Prasad Shrivas, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 30.07.2025 1. By way of this revision, the applicants have prayed for following relief: KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 “It is therefore, prayed that this Hon'ble Court may kindly be pleased to allow this Criminal Revision and Quash/Set-aside/Modify the order dated 28.04.2025 passed by learned Principal Judge Family Court Janjgir, District-Janjgir-Champa (C.G.) in Misc. Criminal Case No. 205/2024 and an order may also be passed for grant of maintenance for the petitioner No.1 and amount of maintenance for Petitioner No. 2 may also be enhance, in the interest of justice.” 2. Brief facts of the case are that the applicant No.1 is married wife of the non-applicant and their marriage was solemnized on 27.02.2022 at Village-Mahant, Police Station Tahsil-Nawagarh, District-Janjgir- Champa (C.G.) as per Hindu Rites and Customs and after solemnizing the marriage ceremony, applicant No. 01 gone to the non-applicant's house and started enjoy their married life and out of their wedlock, applicant No. 2 was born. After spending few month's peacefully of their married life, the non-applicant as well as his family members have started tortured the applicant No. 1 for demand of Motor Cycle as well as other articles as dowry and on 20.04.2024 applicants came alongwith non-applicant from village Kutara after participation of marriage ceremony of cousin Brother of applicant No. 01 and reached near Mahant main road, the same time non-applicant assaulted the applicant No. 01 on road meanwhile she received grievous injury upon her head as well as other part's of the body, then Father of applicant No. 01 brought hospital for her treatment and she admitted on various hospital. This 3 fact is supported by photographs of the injury of applicant No. 01 which is enclosed herewith as Annexure A-2. After return towards hospital, applicant No. 01 lodged report against the non-applicant meanwhile started to living at her parental house along with her Minor Children (applicant No. 2) and thereafter in the Month of August 2022 applicants have filed an application under Section 144 of Bhartiya Nagrik Suraksha Sanhita 2023 before the learned Family Court for grant of maintenance. 3. After hearing the case of applicants, notice has been issued to the non-applicant, then he presence before the learned Family Court meanwhile filed reply and denied the pleadings of applicants left to some factual aspect. Thereafter, the learned Family Court concerned has examined witness from both sides and letter on heard the case finally, passed an order whereby rejected the application of the applicant No.1 further, partly allowed the application of the applicant No. 2 whereby directed the non- applicant to pay rupees 5,000/ per month as maintenance to the applicant No.2 from the date of application. Hence this revision. 4. Learned counsel for the applicants submit that the learned Family Court did not seen the facts and circumstances of the case, whereby passed erroneous order without applying the judicial mind as well as wrongly rejected the case of applicant No.1 and partly allowed the case of applicant No.2 as well as order has been passed for paying the very few amount as maintenance. He further submits that the learned Family Court failed to seen this fact that after spending few months peacefully of their married life, non- 4 applicant as well as his family members have started torture the applicant No. 1 for demand of dowry and on 20.04.2024 non- applicant has assaulted the applicant No. 01 on road due to not fulfillment of dowry then she received grievous injury upon he head as well as other part of the body meanwhile admitted in various hospitals for her treatment, therefore applicants have sufficient reasons to living separately from the Non-applicant. Therefore order passed by learned Family Court is liable to be quash /set- aside/Modify and the applicant No. 1 is also entitled to get the maintenance amount from non-applicant and amount of maintenance for applicant No. 02 is also liable to be enhanced. 5. I have heard learned counsel for the applicants, perused the impugned order and other documents appended with revision. 6. From perusal of the order dated 28.04.2025 passed by the learned Family Court, it transpires that an amount of ₹5,000/- per month has been awarded as maintenance to applicant No. 2 (the son). At the same time, the application of applicant No. 1 (the wife) was rejected on the ground that she is living separately from the non-applicant without just any sufficient reason. In such circumstances, applicant No. 1 is not entitled to receive maintenance from the non-applicant. It appears that the learned Family Court, upon proper appreciation of the facts and evidence on record, has rightly exercised its judicial discretion in granting maintenance solely to the minor child, considering his dependent status and the legal obligation of the father to maintain him. The absence of any finding or relief in favor of applicant No. 1 indicates that the Court did not find sufficient 5 grounds to allow her claim for maintenance, which, in the facts and circumstances of the case, cannot be said to be either erroneous or unjustified. 7. Considering the submissions advanced by the learned counsel for the applicants and also considering the finding recorded by the learned Family Court, I do not find any illegality or infirmity in the impugned order passed by the learned Family Court concerned. 8. Accordingly, the revision being devoid of merit is liable to be and is hereby dismissed. 9. Office is directed to send a certified copy of this order to the Family Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal