1 2025:CGHC:35223 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1364 of 2024 Smt. Seema Saruwan W/o Ramprakash Saruwan Aged About 27 Years R/o Village And Post Birkona, Police Station Koni, Tahsil And District- Bilaspur, Chhattisgarh. --- Applicant versus Ramprakash Saruwan S/o Chhatram Saruwan Aged About 35 Years R/o Ward No.3, Bodsara Road, Village Sivni, Naila, District- Janjgir-Champa, Chhattisgarh. --- Respondent For Applicant/Wife : Mr. Kunwar Lal Sahu, Advocate. For Respondent/Husband : Mr. Paras Mani Shriwas, Advocate. Along with CRR No. 870 of 2025 Ramprakash Saruwan S/o Chhatram Saruwan, Aged About 35 Years R/o Ward No. 03, Bodsara Road, Village Shivani, Naila, District Janjgir Champa C.G. ---Applicant Versus Smt. Seema Saruwan W/o Ramprakash Saruwan Aged About 27 Years R/o Village And Post Birkona, Police Station Koni, Tahsil And District Bilaspur C.G. ---- Respondent For Applicant/Husband : Mr. Paras Mani Shriwas, Advocate. For Respondent/Wife : Mr. Kunwar Lal Sahu, Advocate. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.07.2025 1. These Criminal Revisions are being aggrieved of the judgment dated 27.08.2024 passed by the learned First Additional Principal Judge, Family Court, Bilaspur, District – Bilaspur (C.G.) in Misc. Cr. Case No. 950/2022, whereby the learned Family Court, partly allowed the application under Section 125 of the CrPC filed by the wife for grant of maintenance, and ordered the husband that he has to pay the allowance for maintenance at the rate of Rs. 2,000/- per month to the wife. 2. The facts, in brief, is that the wife (Smt. Seema Saruwan) had filed an application under Section 125 of CrPC seeking maintenance from the husband (Ramprakash Saruwan). It was pleaded inter-alia in her application that the marriage was solemnized between the parties on 06.08.2020 as per Hindu Rituals and Customs, and after the marriage, the husband thrown out from the house to his wife regarding demand of dowry, thereafter the wife field the complaint against her husband on 29.11.2021 at Mahila Thana Bilaspur (C.G.) and after the complaint, the husband brought the wife to his house back, then again the husband beaten his wife and thrown out from the house, therefore, the wife filed the application under Section 125 of CrPC for grant of maintenance of Rs. 40,000/- per5 month stating therein that the husband is working as a teacher in the private school at Janjgir-Champa and earns Rs. 10,000/- per month, and he also does a property dealing work from which he earned more amount. The father of the husband also possessed the ancestral agricultural land, therefore, he is capable to pay the maintenance amount as demanded by the wife. 3. The husband (Ramprakash Saruwan) has denied the allegations 3 levelled against him in the application. After perusing the documents and hearing the submissions of the parties, and the learned Family Court partly allowed the application filed by the wife and granted maintenance of an amount of Rs. 2,000/- per month to the wife as maintenance. Hence, these revisions. 4. Learned counsel appearing for the husband (Ramprakash Saruwan) 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 wife is living separately from her husband without any sufficient and proper reason, hence, as per the provision of Section 125(4) of CrPC, she is not entitled to be granted maintenance by his husband. Therefore, the impugned order is bad in law, perverse and erroneous, and the same it is liable to be set-aside/quashed. 5. On the other hand, learned counsel for the wife (Smt. Seema Saruwan) opposes the submissions advanced by the learned counsel for the applicant and submits that the learned Family Court has failed to appreciate the fact that the husband is working as a teacher in the private school at Janjgir-Champa and earns Rs. 10,000/- per month, and he also does a property dealing work from which he earned more amount, further the father of the husband also possessed an ancestral agricultural land, but without considering the said fact the learned Family Court has granted a meager amount of maintenance to the tune of Rs. 2,000/- per month to the wife, hence, the maintenance amount is liable to be enhanced. Therefore, the order of the Family Court is liable to be modified. 6. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 4 7. Considering the submissions advanced by the learned counsel 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 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. 8. Accordingly, the instant criminal revisions being devoid of merit are liable to be and are hereby dismissed. 9. Let a certified copy of this order as well as original records be transmitted to the concerned trial Court within a week for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar