Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:37752
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 933 of 2025 Smt. Sarojni Singh W/o Shri Virendra Singh Aged About 56 Years R/o At Present C/o Ratan Shrivastava (Landlord), Behind Jivajee Heights, Kapil Nagar, Sarkanda, Bilaspur, P S - Sarkanda, Distt. Bilaspur C.G., Permanent R/o Ward No. 5, Neem Choura, Ucchabhatti Seepat, P O- Selar, Tahsil- Seepat, Distt. Bilaspur C.G.
... Applicant versus Virendra Singh S/o Late Shivraj Singh Aged About 63 Years R/o Ward No. 5, Neem Choura, Ucchabhatti Seepat, P O- Selar, Tahsil- Seepat, Distt. Bilaspur C.G.
---- Respondents For Applicant : Mr. Vivek Kumar Shrivastava, Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 31.07.2025
1. Heard Mr. Vivek Kumar Shrivastava, learned counsel appearing for the applicant. 2. This Criminal Revision is being aggrieved of the impugned order dated 20.06.2025 passed by the learned 1st Additional Principal Judge, Family Court, District – Bilaspur (C.G.) in Misc. Cr. Case No. 742/2024, whereby the learned Family Court, has allowed the application for grant of interim maintenance, and directed the non-applicant to pay Rs. 3,000/- per month to the applicant as the interim maintenance. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2
3. The prosecution story in brief is that the applicant filed an application under Section 144 of BNSS, 2023 for maintenance along with an application for grant of interim maintenance with the averment that her marriage with the respondent was solemnized in the year 1983 as per Hindu rites and rituals and from the wedlock, two sons and one daughter were born and all of them have been married. The respondent was in Indian Army and in lieu of service for a considerable period, he was awarded 5 acres of land which is situated at Village-Uccha Bhatti, Distt. Bilaspur. Being an ex-army man, he was working as Security Officer in SECL and retired from the said post. At the time of retirement, he got a lump sum retiral dues of Rs. 60 lacs. This apart, the respondent also runs Sanskriti Suhag Bhandar and Shivay General Store, from which he earns Rs. 30,000-40,000/- per month. He also earns Rs. 2 lakhs per year from agriculture land. Further, the respondent also owns a house at Rajkishore Nagar, Bilaspur which has been given on rent at Rs. 8,000/- per month. The respondent has been continuously torturing and harassing the applicant. At present, the applicant is suffering from high blood pressure and diabetes, sciatica, heart disease, thyroid and her hearing capacity has also very weakened. She has suffered a paralytic attack in January, 2024. The applicant is a fifth pass housewife having no source of income. She further averred that due to these diseases, the applicant is rendered physically very weak, but even then she is forced by the respondent to do all the household chores otherwise she would not be provided with food and medical treatment etc. She has been living with him for the last 42 years and now she is being treated in an inhumane manner.
Therefore, she prayed for granting her interim maintenance of Rs. 42,683/- per month from the respondent. 4. The learned Family Court after considering the pleadings of the
3 respective parties and the evidence adduced by them, partly allowed the application for interim maintenance of the applicant thereby awarding her Rs. 3,000/- per month interim maintenance that too from the date of passed of the impugned order dated 20.06.2025. Hence, this revision. 5.
Learned counsel appearing for the applicant submits that the applicant who is the wife of the non-applicant has been ordered to be paid the interim maintenance to the tune of Rs. 3,000/- per month by the non- applicant/husband and she has come up before this Court for enhancement of the amount for interim maintenance, and the impugned
order dated 20.06.2025 is bad in law, perverse, arbitrary, erroneous, and the same is liable to be modified.
6. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto.
7. Considering the submissions advanced by the learned counsel for the parties, and from the perusal of the orders of the trial Court, it transpires that no any good ground has been raised on merits by the applicants’ side, thus, the interim maintenance of Rs. 3,000/- which has been ordered to be paid to the applicant by non-applicant cannot be said to be meager amount and it is clear that after considering all the materials and after applying mind the learned 1st Additional Principal Judge, Family Court, District – Bilaspur (C.G.) has passed the impugned judgment and
order dated 20.06.2025 in Misc. Cr. Case No. 742/2024, whereby the learned Family Court, has allowed the application for grant of interim maintenance, and directed the non-applicant to pay Rs. 3,000/- per month to the applicant as interim maintenance, and there is no illegality and infirmity while passing the same.
8. Accordingly, the prayer made to quash the impugned order is refused.
4
9. However, the present revision is disposed of with the direction that the concerned Family Court is at liberty to conclude the proceedings under Section 125 of CrPC, preferably within a period of two months from today, if there is no any legal impediment.
10. Registrar (Judicial) 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