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2025 DAILYLAW 46828 (CHH)

AKASH DEEP MANHAR v. SMT. MANJU MANHAR

CRR/25/2025 · 2025-05-05

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 25 of 2025 1 - Akash Deep Manhar S/o Chhabilal Manhar Aged About 24 Years R/o Village Bundela, P.O. Bodsara, Thana Chakarbhatha Dist. Bilaspur (C.G.) ...Petitioner(s) versus 1 - Smt. Manju Manhar W/o Akashdeep Manhar Aged About 22 Years Rajiv Gandhi Chowk, Jarhabhatha, Thana-Civil Line, Dist. Bilaspur (C.G.) ...Respondent(s) For Applicant : Ms. Laxmin Sahu, Advocate. For Respondent : Shri Kunwar Lal Sahu, Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 05.05 .202 5 1. IA No.01/2024, an application of condonation of delay in filing the revision is allowed and accordingly delay is condoned. 2. The present revision has been filed against the impugned order dated 04.06.2024 passed by IInd Additional Principal Judge, Family Court, Bilaspur in MJC No.842/2023 whereby an amount of Rs.1500/- per month has been granted in favour of respondent wife as interim maintenance which is payable from the date of order. 3. Learned counsel for the applicant would submit that the Family Court has granted interim maintenance on the basis of Adhar Card and there was no sufficient material before the trial court to grant interim maintenance. The respondent wife is residing separately from the Digitally signed by INDRAJEET SAHU Date: 2025.05.05 17:26:15 +0530 2 petitioner husband without any sufficient cause and therefore she is not entitled for any maintenance. 4. On the other hand, learned counsel for the respondent wife supported the impugned order and have submitted that after marriage the respondent wife suffered mental and physical harassment by the applicant husband which was the reason for residing separately from him and after considering the material produced before the trial court, an order of interim maintenance has been passed which needs no interference. 5. I have heard the counsel for the parties and perused the material annexed with the revision. 6. An order of interim maintenance is to be passed on the basis of the affidavits of the parties and material produced before the family court. The quantum of interim maintenance is discretion of family court which is to be based on day to day expenses to the parties, social status and their earning capacity. Considering present cost of living Rs.1500/- per month granted by the family court as interim maintenance cannot be said to be exorbitant or excessive in the facts of circumstances of the case. I do not find any ground to interfere with the impugned order. 7. Accordingly, the revision fails and is dismissed at admission stage. Sd/- (Ravindra Kumar Agrawal) Judge inder