1 2025:CGHC:36498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1079 of 2023 Smt. Dhaneshwari Sahu W/o Shri Poonam Kumar Sahu Aged About 27 Years R/o Village Siltara, Thana And Tahsil Pathariya District Mungeli (C.G.) At Present Resident Of Village Nawagaon (Temari) Tahsil And District Mungeli (C.G.) ... Applicant versus Poonam Kumar Sahu S/o Shri Manohar Ram Sahu Aged About 36 Years R/o Village Siltara, Thana and Tahsil Pathariya, District : Mungeli, Chhattisgarh. ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant : Mr. Ashok Dixit, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.07.2025 1. Heard Mr. Rajendra Patel, learned counsel for the applicant. Also heard Mr. Ashok Dixit, learned counsel for the non-applicant. 2. This criminal revision has been filed by the applicant with the following prayer: “It is therefore, prayed that the revision petition may kindly be allowed and the order RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 impugned dated 05.09.2023 may kindly be set aside and amount of Rs. 20,000 may kindly be awarded for maintenance looking to the facts and circumstances as well as looking to present status of living, in the interest of justice.” 3. The facts, in brief, is that the marriage of the applicant and the non- applicant was solemnized on 14.04.2011 at District Mungeli under the Sahu Samaj Adarsh Vivah Scheme, after which the applicant began residing at her matrimonial home in Siltara. Due to the transfer of the non-applicant, the couple later shifted to Pathariya in a rented house, where the applicant alleges she was subjected to harassment and abuse, particularly during Navratri when she was allegedly beaten and locked in a room for refusing to cook non-vegetarian food while fasting; however, the police did not take cognizance of her complaint. Subsequently, she was left at her parental home, and the non-applicant filed a petition for divorce under Section 13 of the Hindu Marriage Act, which is still pending. The applicant claims the non-applicant, employed as a Gram Panchayat Secretary earning around ₹30,000 per month and possessing 5 acres of agricultural land yielding approximately ₹2,00,000 annually, has failed to maintain her despite having sufficient means. She, therefore, filed an application under Section 125 Cr.P.C. seeking ₹20,000 per month as maintenance along with interim relief. In response, the non-applicant denied the allegations, asserted that the applicant voluntarily deserted him, and stated that 3 he is already paying ₹1,700 per month towards litigation expenses while maintaining his large family on limited income. The matter was referred to counseling but failed, and after recording evidence, the Family Court, by order dated 05.09.2023, dismissed the application holding that the applicant was residing at her parental home without sufficient cause, giving rise to the present revision. 4. Learned counsel appearing for the applicant submits that the learned Family Court gravely erred in rejecting the application for maintenance by relying upon the unsubstantiated averments of the non-applicant, despite the admitted marital relationship and the applicant’s lack of any independent income. The court failed to appreciate that the applicant was compelled to reside separately due to continuous harassment, ill-treatment, and physical abuse by the non-applicant, culminating in her forcible ouster from the matrimonial home. It further ignored the testimony of AW-2 and other supporting witnesses who categorically deposed that the non-applicant doubted the applicant’s character and subjected her to cruelty. The evidence on record clearly demonstrated that the non-applicant, being gainfully employed as a Gram Panchayat Secretary and also earning from agricultural land, has sufficient means and is legally bound to maintain the applicant under Section 125 Cr.P.C., yet failed to do so. The trial court overlooked material oral and documentary evidence establishing cruelty and desertion by the non-applicant and failed to apply the settled principles laid down by the Hon’ble Supreme Court in Rajnesh v. Neha (2021 SCC), resulting in an order contrary to law and justice. 4 5. On the other hand, learned counsel, appearing for the non-applicant opposes the prayer made by the learned counsel for the applicant and supports the impugned order passed by the learned Judge, Family Court, Mungeli District: Mungeli, (C.G.). 6. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 7. From the perusal of the impugned order, it transpires that the learned Family Court, after duly considering the pleadings, evidence, and circumstances of both parties, rightly concluded that the applicant failed to establish sufficient cause for residing separately from the non-applicant and seeking maintenance. The court carefully appreciated the evidence on record, including the applicant’s allegations of cruelty and the non-applicant’s rebuttal regarding voluntary desertion, as well as the fact that the non- applicant has been bearing litigation expenses despite having limited means and family responsibilities. It further noted that the pendency of divorce proceedings and prior counseling efforts indicated continued matrimonial discord, rather than deliberate neglect on the part of the non-applicant. Accordingly, the Family Court passed a reasoned order dated 05.09.2023, which is legally sound, based on proper appreciation of evidence. 8. Considering the submission advanced by the learned counsel for the parties and perusing the impugned order and the finding recorded by the learned Family Court, I am of the view that the Family Court has not committed any illegality or infirmity or 5 jurisdictional error in the impugned order warranting interference by this Court. 9. Accordingly, the criminal revision, being devoid of merit, is liable to be and is hereby dismissed. 10. Let a copy of this order be transmitted to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan