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2025 DAILYLAW 44681 (CHH)

ANKIT KUMAR OJHA v. SMT. UMA ANKIT OJHA

CRR/1195/2025 · 2025-09-24

body2025

Judgment text

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1 2025:CGHC:49166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1195 of 2025 Ankit Kumar Ojha S/o Shri Mahendra Kumar Ojha Aged About 31 Years R/o Village Ramayan Singh Chaal, Housing Board Balco, Tahsil And District Korba, C.G. ... Applicant versus Smt. Uma Ankit Ojha W/o Shri Ankit Kumar Ojha Aged About 32 Years R/o Sector-5, Qr. No. 137, Balco Nagar Korba, Thana Balco, Tahsil And District Korba, C.G. ---- Respondents For Applicant : Mr. Vikas Kumar Pandey, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.09.2025 1. Heard Mr. Vikas Kumar Pandey, learned counsel for the applicant. 2. This Criminal Revision is being aggrieved of the order dated 06.08.2025 passed by the learned Family Court, Korba, District – Korba (C.G.) in Case No. 98/2024, whereby the learned Family Court, partly allowed the application for grant of interim maintenance, and ordered the applicant/husband that he has to pay the interim maintenance at the rate of Rs. 4,000/- per month to the respondent. 3. The facts, in brief, is that the respondent has filed in application under Section 144 of the BNSS before the Family Court – Korba (C.G.), and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 stated that the marriage of the applicant was solemnized with the respondent on 31.10.2023 as per Hindu Custom at Arya Samaj Mandir, Rampur Korba, District Korba (C.G.). After the marriage, the applicant and respondent lived for about few days thereafter, the respondent tortured the applicant to live separately. The applicant try to solve her family dispute but the family members of the respondent was not ready to solve the family dispute, therefore, due to pressure of family members of respondent, the respondent filed application under Section 144 of BNSS before the Family Court. 4. The applicant herein has filed the reply to the said application and has denied the averments raised by the respondent. The learned Family Court by passing the impugned order, has partly allowed the application filed by the respondents for grant of interim maintenance and directed the applicant to pay the interim maintenance to the tune of Rs. 4,000/- per month to the respondent. Hence, this revision. 5. Learned counsel appearing for the applicant submits that impugned order passed by the learned Family Court, is contrary to the facts and evidence available on record. It is further submitted that the applicant is working as private work at Balco Plant and earning Rs. 15,000/- per month and he is not having house and agricultural land, and the respondent is also having source of income and without sufficient reason she has left the house of the applicant. Therefore, the impugned order is bad in law, perverse and erroneous, and the same it is liable to be set- aside/quashed. 6. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 3 7. Considering the submissions advanced by the learned counsel for the applicant, 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 evidence available on record, the learned Family Court has passed the impugned order and awarded interim maintenance to the respondent, 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 rejected. 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