Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:32960
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1342 of 2019 1 - Smt. Bharti Sahu W/o Hemant Sahu Aged About 26 Years R/o Chingrajpara, School Chowk, Bilaspur, Police Station Sarkanda, Tahsil And District – Bilaspur, Chhattisgarh. 2 - Reyansh Sahu S/o Hemant Sahu Aged About 3 Years Minor, Through Legal Nature Mother Smt. Bharti Sahu, W/o Hemant Sahu, R/o Chingrajpara, School Chowk, Bilaspur, Police Station Sarkanda, Tahsil And District – Bilaspur, Chhattisgarh.
... Applicants versus Hemant Sahu S/o Late Pyarilal Sahu Aged About 30 Years R/o Naya Risda, Bhadrapara, Balco Nagar, Korba , Police Station Balco Nagar, Tahsil And District - Korba Chhattisgarh.
---- Respondent For Applicants : Mr. K.P.S. Gandhi, Advocate. For Respondent : Mr. Sourabh Agrawal, Advocate on behalf of Mr. Ratnesh Kumer Agrawal, Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 15.07.2025
1. Heard Mr. K.P.S. Gandhi, learned counsel appearing for the applicant. Also heard Mr. Sourabh Agrawal, Advocate on behalf of Mr. Ratnesh Kumer Agrawal, learned counsel for the private respondent.
2. This Criminal Revision is being aggrieved of the order dated 07.09.2019 RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 passed by the learned Family Court, Bilaspur, District – Bilaspur (C.G.) in Misc. Criminal Case No. 209/2018, whereby the learned Family Court, District – Bilaspur, partly allowed the application under Section 125 of the CrPC filed by the applicants, and directed the respondent that he has to pay Rs. 2,500/- per month to the applicant No.1 and Rs. 2,000/- to the applicant No.2 as maintenance.
3. The prosecution story in brief is that the applicants have filed an application under section 125 of Cr.P.C. for seeking a maintenance amount of Rs. 30,000/- per month that the applicant no. 1 has solemnized marriage with the respondent according to Hindu Rites and Rituals Custom and due to their wedlock, the applicant no. 2 born and after few day of marriage, respondent was beating the applicant no. 1 by using filthy language and also demanded money from the applicant no. 1 due to less dowry and after that, parents of the applicant no. 1 has advised to respondent for compromise, but he did not change his misbehavior thereafter, the respondent left the applicant no. 1 from matrimonial house and respondent is working in Balco Plant and earns Rs. 30-35,000/- and he has also running tuition class in which ears Rs. 20-25,000/- total income of Rs. 50-60,000/- per month and applicant has no any source of income, hence the applicants have filed an application for seeking maintenance amount of Rs. 30,000/-.
4. The respondent has denied the allegations levelled against him in the application. After perusing the documents and hearing the submissions of the parties, and the learned Family Court partially allowed the application and granted maintenance of Rs. 2,500/- per month to the applicant No.1 and Rs. 2,000/- to the applicant No.2 as maintenance. Hence, this revision.
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5.
Learned counsel appearing for the applicants submits that the impugned
order is arbitrary and contrary to the evidence and documents submitted by the applicant. It is further submitted that the respondent ins working in Balco Power Plant and he earns Rs. 30-35,000/- per month as salary and the minor son (applicant No.2) of the respondent is studying in class LKG in Loyala School Bilaspur even that the learned Family Court has ignoring his fact and granted only 2,000/- per month as maintenance for minor children and hence, the maintenance amount is liable to be enhanced. Therefore, the order of the Family Court is liable to be modified.
6. On the other hand, learned counsel for the respondent opposes the
submissions advanced by the learned counsel for the applicant and supports the impugned order dated 07.09.2019 passed by the learned Family Court, Bilaspur, District – Bilaspur (C.G.) in Misc. Criminal Case No. 209/2018, whereby the learned Family Court, District – Bilaspur, partly allowed the application under Section 125 of the CrPC filed by the applicants, and directed the respondent that he has to pay Rs. 2,500/- per month to the applicant No.1 and Rs. 2,000/- to the applicant No.2 as maintenance, and he further submits that there is no illegality and infirmity while passing the same, therefore, the instant revision filed by the applicant/complainant is devoid of merits and is liable to be dismissed.
7. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto.
8. Considering the submissions advanced by the learned counsel for the parties, 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
4 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.
9. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed.
10. 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