Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 36561 (CHH)

Smt. Purnima Rathore v. Shiv Prakash Rathore

CRR/942/2017 · 2025-06-16

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:25110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 942 of 2017 Smt. Purnima Rathore W/o Shiv Prakash Rathore, Aged About 23 Years At Present Resident Of Budhwari Bazar, Korba, Tahsil And District Korba Chhattisgarh., Chhattisgarh ... Applicant(s) versus Shiv Prakash Rathore S/o Shri Chohit Ram Rathore, Aged About 25 Years Resident Of Hardibazar, Tahsil Kotghora, District Korba Chhattisgarh., Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Goutam Khetrapal, Advocate For Respondent(s) : Ms. Smita Jha, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 17 /06/2025 1. The applicant has filed this criminal revision against the order dated 29.07.2017 passed by the learned Family Court, Korba, District- Korba (C.G.) in M.J.C. No. 227/2016, whereby the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 learned Family Court has partly allowed the application of the applicant and granted maintenance of Rs.2,000/- to the applicant. 2. Brief facts necessary for disposal of this revision are that the applicant and respondent are legally married husband & wife and their marriage was performed on 16.04.2016 at Budhwari Bazar, Korba (C.G.). At the time of marriage, the parents of applicant gave household articles, gold and silver ornaments, according to their position and capacity. After marriage, the applicant went to her matrimonial house for performing matrimonial obligation at Hardibazar, District-Korba (C.G.), but right from beginning, she was subjected to cruelty on account of demand of dowry by her inlaws including non-applicant. It is further submitted by the applicant that the respondent is running a watch shop and also doing repair work of watch and mobile, thereby he used to earn Rs. 50,000/- per month and also having 16 acres agricultural land. despite this, he is not paying single penny, towards the maintenance of applicant, therefore she filed application for maintenance along with an application for grant of interim maintenance. Vide impugned order dated 29.07.2017, the learned Family Court has awarded meager maintenance of Rs. 2000/- in favour of applicant, which is insufficient. 3. Learned counsel for the applicant submits that learned Family Court has erred in law and facts both while passing the order of maintenance which is liable to be modified and the maintenance amount is liable to be enhanced. The learned Family Court has 3 granted very meager maintenance of Rs. 2000/- in favour of applicant, which is not sufficient for maintenance of a lady in present scenario of society. The learned Family Court has failed to appreciate that the respondent is running a watch shop and also doing repair work of watch and mobile, thereby he used to earn Rs. 50,000/- per month and also having 16 acres agricultural land. The learned Family Court has failed to appreciate that the amount of Rs. 2000/- is not sufficient for maintenance of applicant, as the applicant is required for daily use article of lady. 4. Learned counsel for the respondent submits that the Family Court after considering all the documents and evidence adduced by the parties has passed the order, in which no interference is called for. 5. I have heard learned counsel for the parties, perused the impugned order and other documents appended with criminal revision. 6. From perusal of the impugned order, it transpires that the Family Court has partly allowed the application under Section 125 of Cr.P.C. filed by the applicant and has granted maintenance of Rs.2,000/- observing the income, social and economic status of both the parties and current price index, which cannot be said to be on lower side. 7. Considering the submission advanced by the learned counsel for the respondent and perusing the impugned order and the finding recorded by the learned Family Court, I am of the view that the Family Court has not committed any illegality or infirmity or 4 jurisdictional error in the impugned order warranting interference by this Court. 8. Accordingly, the revision being devoid of merit is liable to be and is hereby dismissed. Sd/- (Ramesh Sinha) Chief Justice Akhil