Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:41606
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1015 of 2025 Smt. Arti Pali W/o Shri Om Prakash Pali @ Ajay Choubey Aged About 29 Years R/o Village - Pandariya Police Station Takhatpur, District- Bilaspur (C.G.)
... Applicant versus Om Prakash Pali S/o Kalluram Pali Aged About 37 Years R/o Indira Nagar B.M.Y. Charauda, Ward No.24, Bhilai, Police Station Bhilai-3, Tahsil - Patan, District- Durg (C.G.)
---- Respondent For Applicant : Mr. Dharmesh Shrivastava, Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 18.08.2025
1. Heard Mr. Dharmesh Shrivastava, learned counsel appearing for the applicant.
2. This Criminal Revision is being aggrieved of the order dated 29.04.2025 passed by the learned 2nd Additional Principal Judge, Family Court, Bilaspur, District – Bilaspur (C.G.) in Misc. Cr. Case No. 292/2021, whereby the learned Family Court, rejected the application under Section 125 of CrPC filed by the applicant for grant of maintenance.
3. The prosecution story in brief is that the applicant is a legally wedded wife of the respondent, faced dowry related harassment, physical and mental cruelty, and an attempt on her life by the respondent and his family. The marriage was solemnized between the applicant and the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 respondent on 11.02.2020 at Village Pandariya, Police Station – Takhatpur, District- Bilaspur (C.G.) as per Hindu Rites and Rituals. After the marriage, the respondent and his family members begin taunting the applicant for insufficient dowry, leading to physical and mental harassment. On 25.06.2020, the respondent and his family members allegedly conspired to kill the applicant by leaving the gas knob open in the kitchen. On 29.06.2020 the applicant lodged a dowry harassment complaint at the Women’s Police Station, Bilaspur, resulting in Crime No. 24/2020 under Sections 498A and 34 of the Indian Penal Code. The respondent is living at her parental home due to the harassment and cruelty treated by the respondent. Thereafter, an application under Section 125 of CrPC was moved by the applicant for grant of maintenance from the respondent before the Family Court concerned.
4. The respondent herein has filed the reply to the said application and has denied the averments raised by the applicant. The learned Family Court has recorded the statement of the parties. The witnesses were examined before the learned Family Court including the applicant and the respondent. The learned Family Court by passing the impugned order, has rejected the application under Section 125 of CrPC filed by the applicant for grant of maintenance. Hence, this revision.
5.
Learned counsel appearing for the applicant submits that the impugned
order is contrary to the facts, law and circumstances of this case. It is further submitted that the respondent is a government employee and he used to earn approximately Rs. 80,000/- per month, in addition to family income from his father’s pension, and the applicant left the matrimonial house due to the physical and mental cruelty done by the respondent. Therefore, the impugned order is contrary to the facts, and the same is liable to be set-aside.
3
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