1 / 4 2025:CGHC:1993 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1155 of 2024 1 - Chandraprakash Upadhyay S/o Lt. Gokul Upadhyay Aged About 35 Years R/o Ward No. 09, Near Shiv Mandir, Near Ekta Vidya Mandir, Lodhipara, Kampa, District Raipur, C.G. ... Applicant versus 1 - Durga Upadhyay W/o Chandrapakash Upadhyay Aged About 32 Years 2 - Minor Savinay Upadhyay Aged About 2 Years Through Her Mother / Non- Applicant No. 1 – Durga Upadhyaya, Both are R/o Village Chingariya, Post Devri, Tehsil Bagbehra, District Mahasamund, C.G. ... Non-Applicant For Applicant : Mr. Sidhdharth Pandey, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/01/2025 1. With the consent of learned counsel for the applicant, the case is heard finally and the default as pointed out by the Registry is ignored. 2. The instant criminal revision has been filed against the order dated 17/09/2024 passed by the Principal Judge, Family Court, Raipur, C.G. in Case No.668/2024 whereby the application for grant of interim maintenance under Section 125 Cr.P.C. has been allowed and the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.20 10:51:39 +0530 2 / 4 applicant has been directed to pay an amount of Rs.7000/- as interim maintenance. 3. The brief facts of this case are that the non-applicants filed an application under Section 125 Cr.P.C. for grant of maintenance on 14/05/2024. The non-applicants pleaded that the marriage between the applicant and non-applicant No.1 was solemnized as per Hindu customs and rituals on 07/12/2020 at Village Chingaria, Tehsil Bagbahra, District Mahasamund, C.G. It was further pleaded that in the marriage dowry and other households items were given. It was further alleged that after the marriage the applicant and his family members expressed dissatisfaction and also passed objectionable remarks about her family’s financial status. Out of the wedlock a son, non-applicant No.2, was born on 16/11/2021. It was further averred that the non-applicant was also forced to cook non-vegetarian food against her wish. Thereafter, being aggrieved by the mental cruelty meted out to her, the non-applicant was constrained to leave the matrimonial house and started residing in her parental home along with her son and filed the application for grant of maintenance, wherein the Court has granted interim maintenance to the wife. 4. The applicant filed the reply to the aforesaid application and denied the averments made therein. He further stated that no dowry was given and he made several efforts to bring back the non-applicant, however, she did not come. He categorically stated that he works at Ankur Seeds Pvt. Ltd., wherefrom he earns a monthly salary of Rs.14,479/- and pays Rs.2217/- as installment towards loan obtained for the purpose of 3 / 4 marriage and gets Rs.11,000/- in hand salary. He also stated that non- applicant No.1 is living separately without any rhyme or reason and has left the matrimonial house. On all these grounds he prayed for dismissal of the application filed by the non-applicant. 5. Both the parties filed their respective affidavits disclosing their income. 6. Learned counsel for the applicant would submit that the applicant has filed an application under Section 9 of the Hindu Marriage Act, 1955 on 05/09/2024 and the same is pending. He would next contend that non- applicant has separated his minor son from the applicant which is a very dangerous step for the future of the child. He would next contend that the non-applicant has left the matrimonial house without any rhyme or reason. He would next contend that the applicant gets only Rs.11000/- salary, therefore, the interim maintenance as awarded by the Court is unjustifiable and burdensome. He would next contend that non- applicant No.1 gets Rs.1000/- monthly under the Mahatari Vandan Yojana, and she is postgraduate as such is capable to maintain herself. He would lastly contend that the order granting interim maintenance is liable to be set aside. 7. I have heard learned counsel for the applicant and perused the documents. 8. Perusal of the records would show that the wife has filed application for grant of interim maintenance leveling various allegations and the husband has also filed application under Section 9 of the Hindu Marriage Act. Both the applications are pending. The Family Court has granted Rs.7000/- as interim maintenance to the wife and the child. Since the 4 / 4 applicant is earning an amount of Rs.14000/- and the wife has to maintain herself as well as her child, therefore, in the considered opinion of this Court the interim maintenance as granted by the Family Court is just and proper. 9. Accordingly, the criminal revision preferred by the applicant is dismissed at the admission stage. However, the Family Court is directed to expedite the case and shall decide the same within a period of 08 months from the date of receipt of copy of this order. SD/- (Arvind Kumar Verma) JUDGE ashu