1 2025:CGHC:37755 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1420 of 2024 1. Maya Pandey W/o Dinesh Pandey Aged About 40 Years R/o Shivanand Nagar Raipur P.S. Khamtarai District - Raipur Chhattisagarh. 2. Ku. Prerana Pandey D/o Dinesh Pandey Aged About 10 Years Minor Through Legal Natural Guardian Mother Maya Pandey Wife of Dinesh Pandey R/o Shivanand Nagar Raipur P.S. Khamtarai District - Raipur Chhattisagarh 3. Minor Kanha Pandey S/o Dinesh Pandey Aged About 5 Years Minor Through Legal Natural Guardian Mother Maya Pandey Wife of Dinesh Pandey R/o Shivanand Nagar Raipur P.S. Khamtarai District - Raipur Chhattisagarh 4. Minor Kumari Vedanshi Pandey D/o Dinesh Pandey Aged About 1 Years Minor Through Legal Natural Guardian Mother Maya Pandey Wife of Dinesh Pandey R/o Shivanand Nagar Raipur P.S. Khamtarai District - Raipur Chhattisagarh ... Applicants versus Dinesh Pandey S/o Shri Awadh Bihari Pandey Aged About 42 Years Occupation Business R/o Village Pura P.S. Mau, District - Chitrakut Uttar Pradesh ... Respondent For Applicants : Mr. Mirza Hafeez Baig, Advocate. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.01 14:40:06 +0530 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.07.2025 1. Heard Mr. Mirza Hafeez Baig, learned counsel, appearing for the applicants. 2. The present revision has been filed by the applicants with the following prayer: “It is therefore, that this Hon’ble Court may kindly be pleased to allow this criminal revision and modify/enhance impugned maintenance order dated 03.10.2024 passed by the learned First Additional Principal Judge, Family Court Raipur Chhattisgarh in Misc. Criminal Case No. 823/2023 and also may kindly be granted maintenance amount sought by the applicants in application under Section 127 of the Cr.P.C. for seeking granting maintenance amount of Rs. 10,000/- per month, in the interest of justice.” 3. Facts of the case are that the applicants had filed an application under Section 125 of the Cr.P.C. seeking grant of maintenance. It is an admitted fact that applicant No.1 and the respondent solemnized their marriage according to Hindu rites and rituals. Since then, applicant No.1 and the respondent had been peacefully residing together as husband and wife, and out of their wedlock, minor applicants No. 2 to 4 were born. Brief facts of the application are that the applicants and the respondent initially shared a cordial relationship. However, after some time, the respondent started harassing and mentally torturing the applicants by demanding dowry and using filthy language. Due to this harassment and 3 mental torture, applicant No.1 started residing separately in a rented house. She has no independent source of income and has been bearing high expenses for domestic needs, education of applicant Nos. 2 to 4 (two daughters and one son), and medical treatment. Applicant No.1 is unable to bear these expenses alone. The respondent is a government servant and is also running a daily needs and pan shop at Lalta Road Main Chouraha. He earns approximately Rs. 1,00,000/- per month. Therefore, the applicants filed an application under Section 125 of the Cr.P.C., seeking a maintenance amount of Rs. 50,000/- per month from the respondent. 4. The respondent filed a written statement denying the contentions raised by the applicants. 5. Thereafter, the learned First Principal Judge, Additional Family Court, Raipur, Chhattisgarh, granted a very low maintenance amount of Rs. 5,000/- vide order dated 30.01.2018 in M.J.C. No. 675/2017. Subsequently, the applicants filed an application under Section 127 of the Cr.P.C. before the learned First Additional Principal Judge, Family Court, Raipur, Chhattisgarh, seeking enhancement of the maintenance amount of Rs. 5,000/-. 6. Learned Family Court, after hearing both parties, vide order dated 03.10.2024, granted a meager enhancement of maintenance to Rs. 7,000/-, without properly considering the facts and circumstances of the case. The said order is unsatisfactory, illegal, erroneous, and contrary to law. 7. Learned counsel for the applicant submits that the impugned order passed by the learned Family Court is arbitrary, illegal, and contrary to 4 the evidence and documents submitted by the applicants. The applicants left their matrimonial home due to the cruelty inflicted by the respondent. The respondent has also solemnized another marriage, due to which the applicants have suffered both mentally and physically. He submits that learned Family Court failed to properly consider the application under Section 127 of the Cr.P.C. and granted an insufficient enhancement of the maintenance amount, which is against the principles of law. The learned Family Court overlooked the fact that the applicants are facing a financial crisis and are unable to meet their basic needs. The economic condition of the applicants is extremely poor, particularly in relation to the education and upbringing of applicant Nos. 2 to 4. The impugned order is not satisfactory, and the maintenance amount is liable to be enhanced. He further submits that learned Family Court ignored the statement of respondent No.1 and passed an order contrary to the evidence on record, which is against the law. Learned Family Court failed to consider that the maintenance amount of Rs. 7,000/- awarded to applicant No.1 is inadequate to meet her basic livelihood and the educational needs of the children. Despite this fact, the Court has passed an order granting a minimal increase, which is unjustified and liable to be enhanced. He also submits that applicant No.1 has no independent source of income and no financial support. Therefore, the maintenance amount ought to be enhanced appropriately to ensure her sustenance. Learned Family Court overlooked the fact that applicant No.1 is the legally wedded wife of the respondent, who is running a business of daily needs and a pan shop at Lalta Road Main Chouraha. The respondent earns approximately Rs. 1,00,000/- per month and is financially capable of paying the maintenance amount as sought in the application under Section 127 of the Cr.P.C. Considering the above circumstances, the respondent’s 5 financial condition is sound, and therefore, he is capable of paying the enhanced maintenance as prayed for in the application under Section 127 of the Cr.P.C. 8. I have heard learned counsel for the applicants, perused the pleadings and documents appended thereto. 9. From perusal of the impugned order, it transpires that the learned Family Court concerned, after considering all the documents and evidence adduced by the parties, has partly allowed the application under Section 127 of the CrPC filed by the applicants and has enhanced the maintenance from Rs. 5,000/- to Rs. 7,000/- for the applicants, observing the income, social and economic status of both parties and the current price index, which cannot be said to be on the lower side. 10. Considering the submission advanced by the learned counsel for the applicant and perusing the impugned order and the finding recorded by the learned Family Court, I am of the view that the learned Family Court has not committed any illegality or infirmity or jurisdictional error in the impugned order warranting interference by this Court. 11. Accordingly, the criminal revision, being devoid of merit, is liable to be and is hereby dismissed. Sd/- (Ramesh Sinha) Chief Justice Abhishek