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2025 DAILYLAW 42052 (CHH)

SMT. PRATIMA SONI v. SUNIL SONI

CRR/1258/2024 · 2025-02-03

Shri Arvind Kumar Verma

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Judgment text

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1 / 3 2025:CGHC:6048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1258 of 2024 1 - Smt. Pratima Soni W/o Shri Sunila Soni Aged About 47 Years 2 - Ku. Chhayanshi Soni D/o Shri Sunil Soni Aged About 4 Years Minor Through Mother Smt. Pratima Soni, Both are R/o Quarter No. C/4 Panduranga Colony, Rajnandgaon City Tehsil And District Rajnandgaon, C.G. ... Petitioners versus 1 - Sunil Soni S/o Late Devendra Soni Aged About 49 Years Occupation Executive Officer (Project) Present Address House No. 356, Road No. 5 (A) Shanti Nagar, Police Station Vaishali Nagar, Bhilai District Durg, C.G., Permanent Address- Bhilai Engineering Corporation- 3(B.I.C.3) Hathkhoj Bhilai, District Durg, C.G. ... Respondent For Applicant : Mr. Devanand Patel, Advocate appears on behalf of Mr. Aditya Bhardwaj, Advocate For Respondent : Mr. Amit Nayak, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 03/02/2025 1. The instant revision has been filed against the order dated 20/08/2024 passed by the Principal Judge, Family Court, Rajnandgaon, C.G. in Criminal Case No.139/2023 whereby the interim application for grant of maintenance filed by the applicants/wife has been partially allowed and ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.12 11:04:11 +0530 2 / 3 the non-applicant has been directed to pay an interim maintenance of Rs.2000/- per month to the applicant No.1 and Rs.1000/- to the applicant No.2 totaling to Rs.3000/- per month. This revision has been filed by the wife. 2. The applicant No.1 filed an application under Section 125 Cr.P.C. for grant of maintenance alleging therein that the marriage of the applicant no.1 and non-applicant was solemnized on 29.01.2011 as per rituals and from the said marriage a baby girl was born. It was further contended that in the marriage gold and silver ornaments, daily use materials and on demand from the non-applicant cash and motorcycle as dowry has been given to the non-applicant. After marriage applicant no.1 and non- applicant started living at non-applicant family house for a week, then non-applicant took the applicant no.1 to his work place at Asansol west Bengal and started demanding dowry and also started mentally and physically torture to the applicant no.1. After 13-14 months non- applicant got transferred from Asansol to Bhilai and after coming back to Bhilai non-applicant used to visit his brother house frequently and used to physically torture to the applicant no.1. On the application filed by the applicant No.1 Family Court has granted maintenance as aforesaid. Hence this revision. 3. Learned counsel for the applicants contended that non-applicant is having sufficient source of income and he can give more maintenance. He would next contend that the non-applicant is having his own house and has no liability, therefore, the compensation amount as awarded by the family Court may be enhanced. 3 / 3 4. Per contra, learned counsel for the non-applicant would submit that the order of the family Court is well merited which do not call for any interference. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. Perusal of the record would show that the Family Court has granted maintenance to applicant No.1 i.e. wife of the respondent to the tune of Rs.2000/- per month and Rs.1000/- to the applicant No.2 i.e. the minor daughter of about 04 years. On perusal of record I have found that the respondent in his cross-examination at para 16 has admitted that his monthly income is Rs.20-25000/- and he has no liability to maintain his family members. Therefore, considering the statement of the respondent and looking to the the price index which is prevailing in the society and hike in value of the commodities, it is directed that the respondent shall pay interim maintenance of Rs.4000/- to applicant No.1 instead of Rs.2000/- and shall pay Rs.2000/- to Applicant No.2 instead of Rs.1000/- total Rs.6000/-. 7. Accordingly, the revision is partly allowed. SD/- (Arvind Kumar Verma) JUDGE ashu