Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 38735 (CHH)

SMT. PINKI BEGUM v. JUBER KHAN

CRR/964/2025 · 2025-08-05

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:39151 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 964 of 2025 Smt. Pinki Begum W/o Juber Khan Aged About 21 Years R/o Vill. Butena, P.S. Hirri, Distt. Bilaspur, Chhattisgarh ... Applicant versus Juber Khan S/o Rahimuddin Khan Aged About 26 Years R/o Vill. Majholi, P.S. Pandatarai, Distt. Kawardha, Chhattisgarh ---- non-applicants For Applicant : Mr. Vipin Singh Thakur, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2025 1. Heard Mr. Vipin Singh Thakur, learned counsel appearing for the applicant. 2. This Criminal Revision is being aggrieved of the impugned order dated 08.07.2025 passed by the learned 2nd Additional Principal Judge, Family Court, District – Bilaspur (C.G.) in MJC No. 297/2024, whereby the learned Family Court, has rejected the application for grant of interim maintenance filed by the applicant. 3. The prosecution story in brief is that the applicant filed an application under Section 125 of CrPC before the learned Family Court for grant of maintenance along with an application for grant of interim maintenance, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 stating therein that their Niqah was performed on 29.11.2020 at Village Butena and after performing Niqah, she went to the house of the non- applicant for performing matrimonial obligation, but she was subjected by the non-applicant to cruelty on account of demand of dowry. The non- applicant always used to beat the applicant in petty domestic matter and due to non-fulfillment of demand of dowry, the non-applicant ousted the applicant from the matrimonial hose. The applicant complaint before the Mahila Thana, Bilaspur and the offence under Section 498-A and 294 of the IPC was registered against the non-applicant. The non-applicant is a construction contractor, thereby earning Rs. 40,000/- per month and he is also holding agricultural land, thereby earning Rs. 2,00,000/- per annum from agricultural work, despite this, he is not giving single penny to the applicant towards her maintenance, therefore, the applicant filed maintenance application. 4. The learned Family Court after considering the pleadings of the respective parties and the evidence adduced by them, rejected the application for grant of interim maintenance of the applicant. Hence, this revision. 5. Learned counsel appearing for the applicant submits that the applicant who is the wife of the non-applicant was filed an interim application for grant of interim maintenance, as she has no any source of income to maintain herself, but without considering this fact the learned trial Court has rejected the interim application for grant of interim maintenance, thus, the impugned order is bad in law, perverse, arbitrary, erroneous, and the same is liable to be set-aside. 6. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 3 7. Considering the submissions advanced by the learned counsel for the applicant, 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, it is clear that after considering all the materials and after applying mind the learned 2nd Additional Principal Judge, Family Court, District – Bilaspur (C.G.) has passed the impugned order dated 08.07.2025 in MJC No. 297/2024, whereby the learned Family Court, has rejected the application for grant of interim maintenance filed by the applicant, and there is no illegality and infirmity while passing the same. 8. Accordingly, the prayer made to quash the impugned order is refused. 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 three 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