1 2025:CGHC:53572 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1322 of 2025 Shushil Sahu S/o Shri Kashiram Sahu Aged About 30 Years Caste Teli, R/o Village Kunda Tahsil Kunda, District- Kabirdham (C.G.) ... Applicant(s) versus 1 - Smt. Rajkumari Sahu W/o Shri Shushil Sahu Aged About 30 Years R/o Village Kunda Police Station- Kunda, Dist- Kabirdham, Correspondent Address Village Sanvatpur, Police Station Pandaria, Dist- Kabirdham (C.G.) 2 - Astha Sahu D/o Shri Shushil Sahu Aged About 7 Years Minor Through Her Natural Guardian Mother Smt. Rajkumari Sahu W/o Shri Shushil Sahu, R/o Village Kunda Police Station- Kunda, Dist- Kabirdham, Correspondent Address Village Sanvatpur, Police Station Pandaria, Dist- Kabirdham (C.G.) ... Non-applicant(s) For Applicant : Mr. Jitendra Chandrakar, Advocate For Non-applicants : None present Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 03.11.2025 1. Heard Mr. Jitendra Chandrakar, learned counsel for the applicant. 2. By way of this revision, the applicant has prayed for following relief: “It is therefore most respectfully prayed that the Hon’ble ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.04 13:14:43 +0530 2 Court may kindly be pleased to allow the revision and be pleased to set-aside the impguned order dated 28.08.2025 (Annexure A-1) (with reference to the applicant No.1), in the interest of justice.” 3. Brief facts of the case are that the applicant and non-applicant No.1 are husband and wife. Their marriage was solemnized in the year 2016 according to Hindu rites and customs. Out of the said wedlock, two children were born, one daughter, non-applicant No.2, aged about 7 years, and one son, namely Ansh Sahu, aged about 4 years, who is presently under the custody of the applicant. The non- applicant No.1 alleged that the applicant, under the in<uence of intoxication, used to assault her, demand dowry, and was involved in an extra-marital a>air with one Sonam Shriwas at Bilaspur. In the year 2022, said Sonam Shriwas lodged an FIR against the applicant under Section 376 of the IPC, in connection with which non-applicant No.1 pledged her ornaments to bear the expenses of the case proceedings. It was further alleged that the applicant and his family members forcibly ousted her from the matrimonial home, due to which she started residing with her father along with her daughter (non-applicant No.2). She further submitted that the applicant is employed as a Medical Representative in a pharmaceutical company, earning approximately ₹70,000/- per month, and also owns about 2 acres of agricultural land situated at Village Kunda, from which he earns around ₹2,00,000/- annually. The non-applicant No.1 further stated that non-applicant No.2 is studying in Class-II, but the applicant has refused to provide any 3 Anancial support for her maintenance. Therefore, she along with her child Aled an application under Section 125 of Cr.P.C. for grant of maintenance. 4. In reply, the applicant has denied all the allegations made against him and stated that on 05.10.2022, non-applicant No.1 performed marriage with one Ajay Sahu in a temple and started residing with him at Lingadih, near Apollo Hospital, as husband and wife. On the same date, i.e., 05.10.2022, she left both the children. The applicant further submitted that non-applicant No.1 later took away non- applicant No.2 from her school, Saraswati Shishu Mandir. It was also alleged that non-applicant No.1 is addicted to gambling and lost an amount of ₹9,00,000/- belonging to the applicant. She even made obscene videos of herself and sent them to a lottery manager, who subsequently forwarded the same to the applicant and demanded ₹5,00,000/- under threat of making them viral. The applicant lodged a complaint against him at the concerned police station. It is also stated that the applicant was acquitted in the FIR registered against him in the year 2022 under Section 376 of IPC. The applicant further submitted that non-applicant No.1 took away all her gold ornaments, cash, and money borrowed from the relatives of the applicant, which she lost in gambling and lottery. Consequently, the applicant lodged an FIR against an unknown person. A copy of FIR No. 561/2022, registered at Police Station Sarkanda, District Bilaspur (C.G.), is annexed herewith as Annexure A-2. The applicant also approached the family members of non- 4 applicant No.1 and came to know that she is living with Ajay Sahu as his wife. Accordingly, he prays for dismissal of the same. 5. After perusal of the records and hearing both sides, the learned Family Court, vide order dated 28.08.2025 passed the order whereby partly allowed the application Aled by the Non-applicants, directed the applicant to pay maintenance of ₹3,000/- per month to non-applicant No.1 and ₹2,000/- per month to non-applicant No.2 totaling ₹5,000/- per month from the date of Aling of application. Hence, this revision petition. 6. Learned counsel for the applicant submits that the impugned order dated 28.08.2025 (Annexure A-1) passed by the learned Family Court, with reference to non-applicant No.1, is illegal, invalid, contrary to law and procedure, and su>ers from patent illegality and perversity, and hence, is liable to be set aside. It is submitted that although the non-applicant No.1 has alleged that she was subjected to cruelty and harassment since the beginning of marriage, she never lodged any complaint against the applicant at any point of time. It is further contended that the non-applicant No.1 is involved in an extra-marital relationship with one Ajay Sahu, with whom she solemnized marriage at Mahamaya Temple, Ratanpur, and thereafter started residing with him as husband and wife in a rented house at Ramnagar, Lingiadih, in front of Apollo Hospital, Bilaspur (C.G.). It is further submitted that after about eight years of marriage, the non-applicant No.1 has made false and belated allegations only to extract maintenance. The learned Family Court has failed to appreciate that the non-applicant No.1, having 5 voluntarily left her matrimonial home and started living with another person as his wife, has disentitled herself from claiming any maintenance under Section 125 of Cr.P.C. It is also submitted that the maintenance amount of Rs. 3,000/- awarded to her is on the higher side and has been granted without properly considering the applicant’s Anancial condition and liabilities. Therefore, it is humbly prayed that the impugned order be set aside, and the application under Section 125 Cr.P.C. Aled by the non-applicant No.1 be dismissed. 7. I have heard learned counsel for the applicant, perused the impugned order and other documents appended with revision. 8. From perusal of the impugned order, it transpires that learned Family Court has held that the non-applicants have succeeded in proving their application. Therefore, keeping in view the social status of both the parties, monthly income of the applicant, the Family Court has granted maintenance of Rs.3000/- per month to the non-applicant No.1 and Rs. 2000/- per month to the non- applicant No.2/minor (Total 5000/-) as maintenance from the date of Aling of application, which cannot be said to be shockingly on higher side. 9. Considering the submissions advanced by learned counsel for the applicant, perusing the documents appended with revision and Anding recorded by learned Family Court while awarding the maintenance of Rs.5000/- per month to the non-applicants, I am of the considered view that learned Family Court has not committed 6 any illegality or irregularity in the impugned order warranting interference by this Court. 10. Accordingly, the revision being devoid of merit is liable to be and is hereby dismissed. 11. OGce is directed to send a certiAed copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek