1 2025:CGHC:37751 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 934 of 2025 Hemant Sahu S/o Late Rohan Sahu Aged About 40 Years R/o DNK Qtr. No. 68/03 Mana Camp, Near ITI, Raipur, District - Raipur (C.G.) ... Applicant versus 1 - Smt. Jhirni Sahu W/o Hemant Sahu Address Anjora (ख) Post Anjora, Tehsil And District - Durg (C.G.) 2 - Kumari Jayshree Sahu Age 4 Years Minor Represented Through Mother Jhirni Sahu W/o Hemant Sahu Address Anjora (ख) Post Anjora, Tehsil And District - Durg (C.G.) ---- Respondent For Applicant : Ms. Chetna Sharma, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.07.2025 1. Heard Ms. Chetna Sharma, learned counsel for the applicant. 2. This Criminal Revision is being aggrieved of the judgment dated 02.06.2025 passed by the learned 1st Additional Principal Judge, Family Court, District – Durg (C.G.) in Misc. Cr. Case No. 1035/2014, whereby the learned Family Court, allowed the application under Section 127 of the CrPC filed by the respondent, and ordered the applicant/husband that he has to pay the allowance for maintenance at the rate of Rs. 4,000/- per month to the respondent No.1 and Rs. 5,000/- per month to the respondent No.2. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. The facts, in brief, is that the respondents had filed an application under Section 125 of Cr.P.C which was registered as Misc. Cr.C No. 1035/2014 and decided on 09.09.2016 whereby amount of Rs.6000/- was ordered and fixed against the present applicant. The respondents further filed application under Section 127 of Cr.P.C. for enhancement and modification in the amount of maintenance awarded earlier stating that the respondent No. 2 is studying in 2nd Class and she requires financial support for her upcoming education including admission fees, monthly fees of the school. It is further stated in application that respondent No.1 is not earning and there is no other source of income whereas the applicant is posted as clerk in health department, Raipur with Rs. 20,000/- salary per month therefore looking to the present circumstances respondents are entitled for Rs. 10,000/- as maintenance per month from the present applicant. 4. The applicant herein has filed the reply to the said application and has denied the averments raised by the respondent. The learned Family Court has recorded the statement of the parties. The witnesses were examined before the learned Family Court including the applicant and the respondent. The learned Family Court by passing the impugned order, has allowed the application under Section 127 of the CrPC filed by the respondent for enhancement of maintenance and directed the applicant to pay the maintenance to the tune of Rs. 4,000/- per month to the respondent No.1 and Rs. 5,000/- per month to the respondent No.2. Hence, this revision. 5. 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 the respondent 3 No.1 has solemnized her second marriage and the declaration certificate regarding the remarriage of the respondent No.1, has been provided by Gramin Samaj on 08.03.2025. Therefore, the impugned order is bad in law, perverse and erroneous, and the same it is liable to be set-aside/quashed. 6. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 7. 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, 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. 8. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. 9. Let a certified copy of this order be transmitted to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar