1 2025:CGHC:29214 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1258 of 2019 Vikas Rai S/o Shri Virendra Kumar Rai Aged About 45 Years R/o Hemunagar Infront Of Ashok Nagar, Tahsildar Gali, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh. ... Applicant versus 1 - Smt. Anamika Rai W/o Shri Vikas Rai Aged About 35 Years R/o Devrikhurd, Police Station Torwa, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh. 2 - Arnav Rai S/o Vikas Rai Aged About 9 Years Minor Through Legal Natural Guardian Mother Anamika Rai, R/o Devrikhurd, Police Station Torwa, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh. ---- Respondent For Applicant : Mr. K.P.S. Gandhi, Advocate. For Respondent : None. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.06.2025 1. Heard Mr. K.P.S. Gandhi, learned counsel for the applicant. None appears for the respondent. 2. This Criminal Revision is being aggrieved of the order dated 02.08.2019 passed by the learned Family Court, Bilaspur, District – Bilaspur (C.G.) in Misc. Criminal Case No. 748/2018, arising out of order dated 20.08.2015, whereby the learned Family Court, Bilaspur, District – Bilaspur, partly allowed the application under Section 127 of the CrPC filed by the respondents and ordered the applicant to pay Rs. 1,800/- to the respondent No.1 and Rs. 2,200/- to the respondent No.2, until he attains the age of majority, as maintenance. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. The facts, in brief, is that the respondent No.1 is wife of the applicant and respondent No. 2 is son of the applicant and respondents have filed an application for seeking a maintenance amount under Section 125 of Cr.P.C. before the learned Family Court against the applicant, in which, the Family Court has granted a maintenance total amount of Rs. 3,500/- by order dated 20.08.2015 in Misc. Criminal case no. 594/2015. Thereafter, being aggrieved with the order dated 20.08.2015, the respondents have filed an application under Section 127 of Cr.P.C. for increasing maintenance amount passed in application under Section 125 of Cr.P.C. before the learned Principal Family Judge Bilaspur, District Bilaspur Chhattisgarh for granting maintenance amount of Rs. 10,000/- in place of 3500/- against the applicant. After issuing the notice, the applicant has filed reply and denied the all averments pleaded in the said application and it is also stated that the respondent No.1 has been divorced from the applicant, hence no any maintenance amount is liable to be given and the application is liable to be rejected. The learned family Court after hearing both the parties, has passed the order of maintenance amount of Rs. 1800/- & 2200/- total Rs. 4000/- for the respondents without considering the facts and material available on record vide its order dated 02.08.2019. Hence, this revision. 4. Learned counsel appearing for the applicant submits that impugned order passed by the learned Family Court, is contrary to the facts and evidence available on record. It is further submitted that respondent No.1 without any sufficient reason left the house of the applicant and voluntarily living separately from him. It is further submitted that the respondent No.1 has left her matrimonial house without any sufficient reason and also has not made any efforts to come back and reside with the applicant. Therefore, the impugned order is bad in law, perverse and 3 erroneous, and the same it is liable to be set-aside/quashed. 5. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 6. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the impugned order passed by the learned Family Court, it transpires that after hearing all the statements of the witnesses and perusing the evidence available on record, and considering the conditions of the respondents, the learned Family Court has passed the impugned order, and there is no any illegality and infirmity while passing the same which requires interference by this Court. 7. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. 8. Registrar (Judicial) of this Court is directed to transmit a certified copy of this order to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar