Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1414
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 22 of 2025 1 - Ashish Banjare S/o Shri Bhagwat Banjare, Aged About 27 Years R/o Village Darrabhantha, Police Station - Seepat, District - Bilaspur (C.G.).
... Applicant versus 1 - Smt. Shakuntala Banjare W/o Shri Ashish Banjare Aged About 34 Years R/o Village - Darrabhantha, Police Station - Seepat, District - Bilaspur (C.G.). --- At Present R/o Village - Bodsara, Police Station - Janjgir, District - Janjgir-Champa (C.G.).
... Respondent(s) For Applicant : Mr. Paras Mani Shrivas, Advocate For Respondent(s) :
Hon’ble Shri Justice Arvind Kumar Verma, Judge
Order on Board 09/01/2025
1. The present Criminal Revision is filed under Section 19(4) of the Family Court Act, 1984 against the order dated 23.09.2024 passed by the Principal Judge Family Court Janjgir, District-
2 Janjgir-Champa (C.G.) in Misc. Criminal Case No. 160/2023 whereby an application under Section 125 of Cr.P.C. filed by respondent for grant of maintenance has been partly allowed and petitioner is directed to pay Rs. 3000/- per month to the respondent as maintenance.
2. Brief facts of the case is that the respondent is the married wife of the petitioner, their marriage was solemnized on 26.04.2016 at Village Bodsara, Distriat- Janjgir-Champa (C.G.) as per Hindu rites and customs. After few months the petitioner and respondent started to quarrel with each other and dispute started between the respondent and the family of the petitioner. The learned Family Judge directed the petitioner to pay Rs. 3000/- per month as maintenance to the respondent.
3. Learned counsel for the applicant contended that the impugned
order passed by the learned Principal Judge, Family Court Janjgir, District-Janjgir-Champa (C.G.) is bad, illegal and also against the eye of law. The learned Family Court has passed maintenance
order without seeing the facts and circumstances of the case.
4. I have heard learned counsel for the applicant and perused the record with utmost circumspection.
5. On perusal of record it transpires that the respondent is the married wife of the petitioner, their marriage was solemnized on 26.04.2016 at Village Bodsara, Distriat- Janjgir-Champa (C.G.) as per Hindu rites and customs. After few months the petitioner and respondent started to quarrel with each other and dispute started
3 between the respondent and the family of the petitioner. The learned Family Judge directed the petitioner to pay Rs. 3000/- per month as maintenance to the respondent.
6. The object of maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy and destitution of a deserted wife by providing her food, clothing and shelter by a speedy remedy. Section 125 Cr.P.C. is a measure of a social justice and is specially enacted to protect women and children. It also falls within the constitutional sweep of Article 15(3), reinforced by Article 39 of the Constitution of India.
7. While determining the amount of maintenance, it has to be determined keeping in mind the income, social and current inflation of both the parties and keeping in mind the essential needs of the wife and children.
8. Therefore, this Court is of the considered opinion that the learned Family Judge, Janjgir has rightly calculated the amount of maintenance keeping in mind the aforesaid factors and needs no interference.
9. Accordingly, the present Criminal Revision deserves to be and is hereby set aside. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima