Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:328
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1449 of 2024 1 - Milan Prajapati S/o. Shri Chainsai Aged About 26 Years R/o. Village - Narayanpur, P.S. Ramanujnagar, Dist. Surajpur (C.G.)
... Applicant versus 1 - Babita Prajapati W/o. Milan Prajapati Aged About 22 Years R/o. Gangikot, P.S. Vishrampur,
Dist. Surajpur
(C.G.) 2 - Trisha Prajapati D/o. Milan Prajapati Aged About 2 Years Minor - Represented By Her Natural Mother, Babita Prajapati, W/o. Milan Prajapati, Aged About 22 Years, R/o. Gangikot, P.S. Vishrampur, Dist. Surajpur (C.G.)
... Respondent(s) For Applicant : Mrs. Meena Shastri, Advocate For Respondent(s) :
Hon’ble Shri Justice
Arvind Kumar Verma, Judge
Order on Board 03/01/2025
1. The present CRR has been filed by the applicant under Section 19(4) of the Family Court Act, 1994 being aggrieved against the order dated
2 06.11.2024 passed by the Principal Judge, Family Court, Surajpur (C.G.) in Misc. Criminal Case No. 131/2024, wherein the learned Family Court has granted Ad-Interim Maintenance of Rs. 2500 to non-applicants no. 1 and 2. 2. Learned counsel for the applicant submits that non-applicant no. 1 is living separately without any sufficient reason but learned Court has passed the impugned order without making any enquiry on that issue. She further contended that the applicant is an unemployed person and has no source of income. On the other hand, the non-applicant no. 1 is an educated lady and she is doing work for her livelihood. She again states that the maintenance allowance granted by the Court below is on higher side. 3. I have heard learned counsel for the applicant and perused the order dated 06.11.2024 passed by the Principal Judge, Family Court, Surajpur, District- Surajpur, C.G. in Misc. Case No. 131 of 2024. 4. It is an admitted fact that respondent no. 1 is the wife of the applicant and respondent no. 2 is the daughter who is aged about 2 years. It is the duty of the husband to provide maintenance to his wife, unable to maintain herself and children. The amount of interim maintenance granted by the Family Court is Rs. 2500/- which is very meagre. The minimum amount must be paid to the estranged wife from the date of the claim to preserve her life and liberty with dignity. There is no illegality or perversity in the findings of the Family Court, Surajpur, District- Surajpur, C.G.
5.
Accordingly, this CRR stands dismissed with a direction to the Family Court, Surajpur, District- Surajpur, C.G. to expedite the trial and decide the matter preferably within 8 months from the date of receipt of copy of this order. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima