1 2025:CGHC:14829 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1231 of 2024 1 - Surbhi Mishra, Alias Lucky W/o Shri Chandrashekhar Mishra Aged About 32 Years R/o Rajkishore Nagar, Panchwati Colony, Police Station Torwa, District- Bilaspur, C.G. 2 - Nitya Mishra Aged About 2 Years (Minor) Through Smt. Surbhi Mishra (Mother), R/o Rajkishore Nagar, Panchwati Colony, Police Station Torwa, District- Bilaspur, C.G. ... Applicant(s) versus 1 - Shri Chandrshekhar Mishra S/o Shri Gajanand Mishra Aged About 39 Years R/o Rajkishore Nagar, House No. 56, Police Station Sarkanda, District- Bilaspur, C.G., At Present Working In The Office Of Senior D E E / O P, S E C Railway Bilaspur, C.G. ... Respondent(s) For Applicant(s) : Ms. Binu Sharma, Advocate For Respondent(s) : Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 27/03/2025 1. The present CRR is heard finally. 2. The applicants have filed the present criminal revision under 2 Section 19(4) of the Family Courts Act, 1984 being aggrieved by the order dated 28.08.2024 passed by the Principal Judge, Family Court District- Bilaspur, C.G. passed in Misc. Criminal Case No. 417/2022 whereby the learned Family Judge has awarded maintenance of Rs. 8000/- per month to applicant no. 1 and Rs. 7000/- per month to applicant no. 2, in total Rs. 15,000/- per month. 3. Brief facts of the case is that the marriage of the applicant no. 1 was solemnized with the respondent as per Hindu custo on 16.05.2017 at village Railway Sanskritik Bhawan, Bilaspur and after the marriage the applicant no. 1 resided with the husband and a girl named Nitya (applicant no. 2) was born from their wedlock. The applicants have filed an application under Section 125 of Cr.PC for grant of maintenance amount before Principal Judge, Family Court, District-Bilaspur (C.G.). It was alleged in the said application that the non-applicant and his parents started torturing her physically and mentally for giving a birth to a girl child and was driven out of the house and after that she is living in her paternal house with her daughter. It was also alleged that the non- applicant and his family members used to torture her on trivial matters and used to threaten her that they will get the second marriage solemnized of her husband. A complaint was made by the brother of applicant no. 1 before Mahila Thana, Bilaspur (C.G.) on 05.01.2021. On 17.06.2022 applicant no. 1 filed a complaint before One stop, Saki Cenre, Bilaspur (C.G.) stating about the 3 torture and cruelty of in-laws. After receiving the notice the non- applicant has tendered his appearance before the Family Court and submitted reply and denied all the contentions raised by the applicant. The non-applicant has also preferred an application under Section 13 of Hindu Marriage Act seeking decree of divorce. 4. Learned counsel for the applicants contended that the order passed by the Family Court is perverse, illegal and contrary to the evidence which is available on record. The learned Family Court has failed to exercise the jurisdiction vested in him by law and exercised a jurisdiction not vested. The learned Family Court without considering the material facts and evidence which is available on record has dismissed the application of the applicant. She further contended that the applicant has no source of income and non-applicant is an employee of railway working as loco pilot and prays to set-aside the order dated 28.08.2024 passed by the Principal Judge, Family Court, Bilaspur and grant the maintenance of Rs. 30,000/- per month from the date of application. 5. I have heard learned counsel for the applicant and perused the record with utmost circumspection. 6. Perusal of record shows that the marriage of the applicant no. 1 was solemnized with the respondent as per Hindu custom on 16.05.2017 at village Railway Sanskritik Bhawan, Bilaspur and after the marriage the applicant no. 1 resided with the husband 4 and a girl named Nitya (applicant no. 2) was born from their wedlock. The applicants have filed an application under Section 125 of Cr.PC for grant of maintenance amount before Principal Judge, Family Court, District-Bilaspur (C.G.). It was alleged in the said application that the non-applicant and his parents started torturing her physically and mentally for giving a birth to a girl child and was driven out of the house and after that she is living in her paternal house with her daughter. It was also alleged that the non- applicant and his family members used to torture her on trivial matters and used to threaten her that they will get the second marriage solemnized of her husband. A complaint was made by the brother of applicant no. 1 before Mahila Thana, Bilaspur (C.G.) on 05.01.2021. On 17.06.2022 applicant no. 1 filed a complaint before One stop, Sakhi Cenre, Bilaspur (C.G.) stating about the torture and cruelty of in-laws. After receiving the notice the non- applicant has tendered his appearance before the Family Court and submitted reply and denied all the contentions raised by the applicant. The non-applicant has also preferred an application under Section 13 of Hindu Marriage Act seeking decree of divorce. Also, the learned Principal Judge, Family Court, Bilaspur, District-Bilaspur (C.G.) has awarded maintenance of Rs. 8000/- per month to applicant no. 1 and Rs. 7000/- per month to applicant no. 2, in total Rs. 15,000/- per month. 7. The contention of the applicant for enhancement of amount of maintenance, i.e., Rs. 15,000/- is that the non-applicant is a loco- 5 pilot and is earning Rs. 60,000/- per month and the contention of the non-applicant before the learned Family Court was that his old aged parents are dependent upon him. 8. Since, the applicant no. 1 is the married wife of the respondent and the obligation to maintain the applicant and her daughter lies with the applicant. Therefore, after due appreciation of evidence and materials available on record, the Principal Judge, Family Court, Bilaspur has awarded the amount of maintenance, i.e., Rs. 8,000/- to applicant no. 1 and Rs. 7000/- to applicant no. 2 (in total Rs. 15,000/- per month) which is not a meagre amount. The order impugned is neither illegal nor perverse and learned Family Court has not committed any jurisdictional error. 9. Accordingly, this Criminal Revision is dismissed on merits. Sd/- (Arvind Kumar Verma) JUDGE Madhurima