1 2025:CGHC:47520 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1143 of 2025 Bhavesh Sahu S/o Shri Kamal Sahu, Aged About 28 Years R/o Ward No. 15, Gobara - Nawapara (Rajim), Post Nawapara, Police Station Nawapara, District Raipur (C.G.) ... Applicant versus 1. Smt. Madhuri Sahu W/o Bhavesh Sahu Aged About 22 Years R/o Vijeta Complex, New Rajendra Nagar, Police Station New Rajendra Nagar, Tahsil And District Raipur (C.G.) 2. Ku. Konika Sahu, D/o Bhavesh Sahu, Aged About 2 Years Through Her Mother Smt. Madhuri Sahu, R/o Vijeta Complex, New Rajendra Nagar, Police Station New Rajendra Nagar, Tahsil And District Raipur (C.G.) ... Respondents For Applicant : Mr. Parth Shrivastava, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.09.2025 1. Heard Mr. Parth Shrivastava, learned counsel, appearing for the applicant. 2. The present revision has been filed by the applicant with the following prayer: “It is therefore, most humbly and respectfully prayed that this Hon’ble may kindly be pleased to allow this revision and set-aside the judgment dated ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.17 12:34:32 +0530 2 18.06.2025 passed by learrned Family Court, Raipur (C.G.) in case No. MCC No. 1239/2024 (ANNEXURE A/1), in the interest of justice.” 3. Brief facts of the case are that the marriage of the applicant and respondent No. 01 was solemnized on 16.02.2021 at Raipur (C.G.), and out of the said wedlock one daughter was born on 17.10.2022. The respondent No. 01 filed an application under Section 144 of the Bhartiya Nagarik Suraksha Sanhita, 2023, seeking maintenance from the applicant. In the said proceedings, the respondent also filed an application for interim maintenance against the applicant, inter alia, stating that: a. The Applicant assaulted Respondent No. 01 and subjected her to physical and mental cruelty. Since March 2023, Respondent No. 01 has been residing at her parental home along with her daughter. b. Respondent No. 01 is a housewife and has no source of income. The applicant is working as a car driver and bouncer and earns about Rs. 25,000/- per month. The applicant also owns a poultry farm, a permanent house, and 8 acres of agricultural land situated at Village Lafingkhurd, Mahasamund, Baronda Chowk, from which he earns an annual income of about Rs. 4,00,000/-. Additionally, he owns a two-storey house at Village Gobra Nawapara, which has been rented out, and from which he receives Rs. 70,000/- per month as rent. c. The applicant is fully capable of maintaining respondent No. 01 and her daughter. Therefore, the respondent prayed for grant of interim maintenance of Rs. 70,000/- per month 3 for herself and her daughter, Kumari Konika Sahu. 4. The applicant denied the contentions of the respondent and stated that respondent No. 01 herself started quarrels and left for her parental home of her own accord, and has not returned since. From the very beginning of the marriage, respondent No. 01 kept herself aloof from the applicant and his family members, and whenever explained, she unnecessarily quarreled. Respondent No. 01 used to say that she married the applicant only because of her parents, otherwise she would have entered into a love marriage with someone else. From the inception of the marriage, respondent No. 01 and her parental family continuously pressurized the applicant to live separately from his family. The respondent No. 01 has herself deserted the Applicant and is residing at her parental home out of her own will. The applicant is working merely as a car driver and has limited means. Therefore, it was prayed that the respondent’s application be dismissed with costs. 5. After hearing both the parties, learned Family Court passed the impugned order vide order dated 18.06.2025 and granted interim maintenance of Rs. 10,000/- per month to the Respondents 6. Learned counsel for the applicant submits that the impugned order is illegal, bad in law, contrary to the evidence on record, and liable to be set aside. He submitst that the applicant is working only as a driver in a private firm, namely Balaji Trading Company, where he earns a meagre salary of Rs. 12,500/- per month. Learned Family Court has failed to consider the actual earning capacity of the Applicant. The Applicant has his own basic living expenses and family liabilities, and if he is compelled to pay Rs. 10,000/- per month as interim maintenance, it would cause severe financial hardship, leaving him with almost no means for his own subsistence. Learned Family Court ought to have considered that 4 respondent No. 01 deserted the applicant without any sufficient reason and has not returned to the matrimonial home despite several efforts made by the applicant, and continues to live separately without any lawful justification. He further submitst that the learned Family Court ought to have considered that under sub-section (4) of Section 125 Cr.P.C., maintenance cannot be granted if the wife refuses to live with her husband and lives separately without any sufficient reason. He also submits that respondent No. 01 is living in an adulterous relationship, and as per Section 125(4) Cr.P.C., a wife living in adultery is not entitled to claim maintenance. The Learned Trial Court failed to consider this material aspect while granting interim maintenance. 7. I have heard learned counsel for the applicant and perused the judgment of the learned Family Court. 8. Considering the submission advanced by the learned counsel for the applicant, materials available on record and also considering the price index and medical expenses, total amount awarded to the respondents cannot be said to be shockingly on higher side warranting interference by this Court in the present revision petition. 9. Accordingly, the prayer made to quash / modify the impugned order is refused. 10. However, the present revision is disposed of with the direction that the concerned Family Court is at liberty to conclude the proceedings under Section 144 of the BNSS, preferably within a period of three months from today, if there is no any legal impediment. - Sd/- (Ramesh Sinha) Chief Justice Abhishek