1 / 4 2025:CGHC:11098 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 53 of 2023 1 - Smt. Sakshi Shroti, W/o Awadhesh Shroti Aged About 34 Years R/o Kanya Parisar Road Namnakala, P.S. - Gandhinagar Ambikapur, District : Surguja, Chhattisgarh ... Appellant versus 1 - Awadesh Shroti S/o Ashok Sharma Aged About 28 Years, Occupation - Engineer J.E.(M) R/o J.E.(M) Rel Bus Dipo Mathura Junction Mathura, U.P., PIN Code 281001. ... Respondent For Appellant : Smt. Sakshi Shroti, In person For Respondent : Mr Awadhesh Shroti, In Person through video conferencing (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 06/03/2025 1. The instant criminal revision under Section 19 (4) of the Family Court has been filed by the applicant/wife feeling aggrieved by the order dated 30.09.2022 passed by the Family Court Ambikapur, District - Surguja (C.G.) whereby the application of the applicant filed under section 125 of Cr.P.C for grant of maintenance has been dismissed. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.26 10:53:37 +0530 2 / 4 2. The brief facts of this case are that the applicant filed an application under section 125 of Cr.P.C for grant of maintenance of Rs.20,000/- per month before family court Ambikapur, pleading inter alia that her marriage was solemnized as per Hindu custom on 29-11-2012 with the respondent. It was further pleaded that respondent has committed cruelty and demanded dowry with the applicant and ousted her from her matrimonial house. It was also pleaded that respondent is a Government employee and is withdrawing Rs 1,00,000/- per month at present and has other sources of income. It was further pleaded that the applicant is a poor lady person and she has no any source of income, therefore she is entitled to receive maintenance from the respondent. 3. The respondent filed his reply before the learned family court and denied the all pleadings and allegations leveled by the wife and has also stated that he has never raised any demand of dowry or committed any cruelty with the applicant. He further averred that the applicant has herself left the matrimonial house and despite his various efforts to bring her back she did not come back, therefore, he prayed that the applicant is not entitled to receive any amount of maintenance from the applicant and also prayed for dismissal of the aforesaid application. 4. That, the learned Family Court dismissed the application filed by the applicant for grant of maintenance by order dated 30/09/2022. Hence this revision. 5. Applicant, who is present in person before the Court, would contend that she has no any source of income and respondent is a rich person and is a 3 / 4 government employee, therefore, she is entitled to receive maintenance from the respondent. She would further contend that the respondent himself has admitted that he is a government employee and the family Court upon the hearing the parties has framed the issue and held that the respondent is withdrawing the salary of the Rs 63,552 in the year of 2014. She would next contend that the learned family court has not properly considered the case of the applicant. She would next contend that the parents of the applicant are senior citizens aged about 64 & 55 years and they also have no source of income, therefore, the respondent may be directed to give maintenance to the applicant. 6. Per contra, the respondent, who is also present in person through video conferencing, would submit that the applicant has herself left the matrimonial house and would further submit that the order of the Family Court is well merited which do not call for any interference by this Court. 7. I have heard learned counsel for the parties and perused the documents. 8. Perusal of the documents would show that the Family Court, Hathras has granted decree of dissolution of marriage of the parties on the ground that the wife has deserted the husband without any sufficient reason and she is residing separately from the husband. After getting divorce the applicant has filed the application for grant of maintenance before the Family Court, Ambikapur and the said court has also dismissed the application for grant of maintenance on the said ground. 9. Since the decree of divorce has been granted by the Family Court, 4 / 4 Hathras on the ground that the wife has deserted the husband without any rhyme or reason and the said decree has not been set-aside by any Court, therefore, in such circumstances when the applicant herself has deserted the husband this Court is of the opinion that the Family Court, Ambikapur has rightly rejected the application for grant of maintenance. 10. Accordingly, the revision is dismissed. SD/- (Arvind Kumar Verma) JUDGE ashu