1 2025:CGHC:25108 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 993 of 2017 Barelal S/o Amar Singh Aged About 30 Years Caste Gond, R/o Kalua Janapara, Post Office Podi Bachara, Tahsil And Police Station Khadgawa, District Korea Chhattisgarh. ... Applicant(s) versus Smt. Rajni Bai W/o Barelal Caste Gond Aged About 25 Years R/o Village Kodgar, Police Station And Tahsil Pasan District Korea Chhattisgarh. ... Respondent(s) For Applicant(s) : None. For Respondent(s) : None. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 17 /06/2025 1. None appears on behalf of the applicant to press this criminal revision on repeated calls, when the matter is called out. 2. The applicant has filed this criminal revision against the order dated 26.08.2017 passed by learned Family Court, Camp Court, Katghora, District – Korba (C.G.) in M.J.C. No.220/2015, whereby, the learned Family Court partly allowed the application AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 125 Cr.P.C. filed by the respondent and directed to pay Rs.1,500/- per month to respondent towards maintenance. 3. Brief facts necessary for disposal of this revision are that the respondent had filed above application alleging that the respondent, being a legally wedded wife of the applicant, ill treated on the ground of issue as she borne daughter and died due to Pneumonia and thereafter she was being harassed by the applicant, forced to reside separately against her will. It is further alleged that in the April 2014 she has been thrown from the house and since thereafter she is residing separately. The appellant took a plea that the respondent is voluntarily residing separately and he has not ill treated to the respondent and also denied all the allegations and thus prayed for dismissal of application filed by the non-applicant. It is further submitted that applicant and respondent has no relationship as their marriage has been dissolved by the Panchas. After taking into consideration of all facts and pleading raised by the parties, the learned Family Court has partly allowed the application and granted Rs. 1500/- per month to respondent towards maintenance. Hence, the criminal revision. 4. I have perused the impugned order and other documents appended with criminal revision. 5. From perusal of the impugned order, it transpires that the respondent has stated that the applicant works as a mason and earns Rs. 40,000 per month, and therefore, she should be 3 granted Rs. 10,000 per month as maintenance. The respondent’s father, Biran Singh (AW-2), corroborated the statement, adding that the applicant also cultivates vegetables on his father's agricultural land and earns income from it. However, the applicant, Barlal, claimed that he works as a laborer and earns Rs. 50 per day. The applicant’s witnesses did not provide any testimony regarding his occupation or income, except for his father, Amar Singh (NAW-5), who stated that the applicant works as a laborer and earns Rs. 50-60 per day. The respondent failed to provide sufficient evidence to prove that the applciant works as a mason and earns Rs. 40,000 per month. Therefore, it is not established that the applicant earns Rs. 40,000 per month. However, based on the applicant’s admission of working as a laborer, it can be inferred that he earns around Rs. 5,000-6,000 per month, making him financially capable. Therefore, the Family Court found the applicant physically and mentally fit, and capable of maintaining the respondent. 6. Considering the finding recorded by the learned Family Court and perusing the document appended with the criminal revision, 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. 7. Accordingly, the revision being devoid of merit is liable to be and is hereby dismissed. 4 8. Registrar (Judicial) is directed to transmit the original record to the concerned trial Court within a week from today for necessary information and follow up action. 9. After passing of the order Mr. Shashi Kumar Kushwaha, learned counsel for the applicant appeared and prays that his appearance may be marked. Sd/- (Ramesh Sinha) Chief Justice Akhil