1 2025:CGHC:41482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1219 of 2024 Iffat Fareen W/o Azhar Ahmed Khan Aged About 30 Years R/o Near Amrit Shishu Mandir, Santoshi Nagar, Tikrapara, District Raipur, Chhattisgarh. --- Applicant versus Azhar Khan S/o Jakir Mohammed Khan Aged About 36 Years R/o Near To Taj Masjid, Kumhar Para, Talapara, District Bilaspur, Chhattisgarh. --- Respondent For Applicant/Wife : Mr. Trivikram Nayak, Advocate. CRR No. 1225 of 2024 Azhar Khan S/o Zakir Mohammed Khan Aged About 36 Years R/o Beside Taz Masjid, Kumhar Para, Talapara, Bilaspur, District Bilaspur Chhattisgarh. ---Applicant Versus Iffat Farin W/o Azhar Ahmed Khan Aged About 30 Years R/o Near Amrit Shishu Mandir, Santoshi Nagar, Tikrapara, Raipur, District Raipur Chhattisgarh. --- Respondent For Applicant/husband : Mr. Qamrul Aziz, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.20 10:50:19 +0530 2 18/08/2025 1. Since the aforesaid two criminal revisions have been filed against the same order, they are being decided of by this common order. 2. In the present case, an application for maintenance was filed on behalf of the wife, Iffat Fareen in CRR No. 1219/2024. The learned Principal Judge, Family Court, Raipur vide order dated 06.09.2024, granted a monthly maintenance amount of total Rs.9,000/- to the wife, Iffat Fareen. Being aggrieved by the said order, both parties preferred criminal revision petitions. The wife, Iffat Fareen, filed Criminal Revision No. 1219/2024, contending that the amount awarded is inadequate, unjust, and does not meet the rising cost of living; hence, it deserves to be enhanced suitably. On the other hand, the husband, Azhar Khan, filed Criminal Revision No. 1225/2024 asserting that the amount awarded is excessive and beyond his financial capacity, and therefore, the same deserves to be reduced/set-aside. 3. Mr. Trivikram Nayak, learned counsel appearing for wife, namely, Iffat Farren in CRR No. 1219/2024, would submit that the impugned order dated 06.09.2024 passed by the learned Principal Judge, Family Court, Raipur (C.G.) in Criminal M.C.C. No. 979/2023, is contrary to law and the evidence on record, and therefore deserves to be set-aside to the extent of quantum of maintenance awarded. He further submits that the Learned Family Court, after categorically holding that the wife is living separately for bona fide and genuine reasons—namely, cruelty and harassment inflicted upon her—and 3 acknowledging that she is a homemaker with no independent source of income, whereas the husband earns approximately Rs. 60,000 per month from his business, owns a poultry farm, and belongs to a well-off and affluent family, ought to have awarded maintenance to the tune of Rs. 25,500 per month. However, it has merely directed payment of Rs. 9,000 per month as maintenance. Therefore, the maintenance amount deserves to be enhanced. 4. Mr. Qamrul Aziz, learned counsel appearing for husband, namely, Azhar Khan in CRR No. 1225/2024, would submit that the impugned order dated 06.09.2024 passed by the learned Principal Judge, Family Court, Raipur (C.G.) in Criminal M.C.C. No. 979/2023, is contrary to law and the evidence on record, and therefore deserves to be set-aside. He further submits that the Family Court failed to appreciate that the wife has been residing separately from the husband without any sufficient cause. Therefore, as per the provision of Section 125(4) of the CrPC, the wife is not liable to be granted any maintenance as she is living separately without any sufficient cause. Therefore, the maintenance amount deserves to be set-aside/reduced suitably. 5. I have heard learned counsel appearing for the parties and gone through the record with utmost circumspection. 6. Considering the submissions advanced by the learned counsel appearing for the parties, and from the perusal of the impugned order passed by the learned Family Court, it transpires that after hearing all the statements of the witnesses and perusing the 4 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. 7. Accordingly, both the criminal revisions being devoid of merits, are liable to be and are hereby dismissed. 8. A copy of this order be sent to learned Family Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti