Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:41608
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1012 of 2025 Smt. Tripti Soni W/o Shri Nand Kumar Soni Aged About 41 Years Occupation Incharge Principal, R/o Polytechnic College Premises Govt. Nursing College Hostel Ambikapur Chhattisgarh.
... Applicant versus Agey Aditya Soni S/o Shri Nand Kumar Soni Aged About 14 Years Minor Through Legal Natural Guardian Father Nand Kumar Soni, Aged About 47 Years, S/o Late Shri Guharam Soni, R/o House No. 58, Simran City Mathpuraina Raipur Chhattisgarh.
---- Respondents For Applicant : Mr. Vivek Kumar Agrawal, Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 18.08.2025
1. Heard Mr. Vivek Kumar Agrawal, learned counsel appearing for the applicant.
2. This Criminal Revision is being aggrieved of the order dated 17.04.2025 passed by the learned 2nd Additional Principal Judge, Family Court, District – Raipur (C.G.) in Case No. 865/2024, whereby the learned Family Court, partly allowed the interim maintenance application filed by the applicant, and ordered the applicant that she has to pay Rs. 10,000/- per month to the respondent as interim maintenance. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
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3. The prosecution story in brief is that the applicant has filed an application under section 144 of B.N.S.S. for seeking a maintenance amount is that the respondent’s father Nandkumar Soni was solemnized marriage with the applicant according to Hindu Custom and due to their wedlock, three sons born first son Vinamra Soni born on 23.04.2005, second Agey Soni (present respondent) born on 28.09.2010 and third son Vedash Soni born on 20.02.2021. After some time of marriage, respondent's father has harassed and mentally tortured to the applicant in the name of less than dowry and also demanded money from the applicant and due to cruel done by the respondent, the applicant left from her matrimonial house and living separately. Since the month of February 2016, the applicant has working in government job at Ambikapur Chhattisgarh and at present she is working as In-charge Principal at Govt. Nursing College Ambikapur Chhattisgarh. The two sons including respondent are residing with his father Nandkumar Soni and Nandkumar Soni is taking care of their education since 2016 till today and the applicant is taking care of minor son aged about 3.5 years and the applicant has not provided any assistance to take care of her both sons and hence the respondent has filed application for seeking grant of maintenance amount of Rs. 10,000/- along with interim maintenance application for granting amount of Rs. 10,000/-.
4. The respondent herein has filed the reply to the said application and has denied the averments raised by the applicants. The learned Family Court by passing the impugned order, has partly allowed the interim maintenance application filed by the applicant, and ordered the applicant that she has to pay Rs. 10,000/- per month to the respondent as interim maintenance. Hence, this revision.
5.
Learned counsel appearing for the applicant submits that the impugned
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order is contrary to the facts, law and circumstances of this case. The learned Family Court has failed to appreciate that the applicant is a lady having no source of income at present and the respondent’s father is government servant and working in the Railway Department and he has obtained more than amount of Rs. 1,00,000/- as salary per month and hence, the respondent can be managed for taking care of the respondent from his sufficient income. Therefore, the impugned order is contrary to the facts, 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.
7. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the order of the Family Court, it transpires that no any good ground has been raised on merits by the applicants’ side, thus, 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